People v. Stein
People v. Stein
Opinion of the Court
This is an appeal from the judgment. Defendant was charged with the violation of section 337a, subdivision 2, of the Penal Code which relates to “bookmaking.” A jury was waived and the issue presented on the transcript of the preliminary examination. Defendant was adjudged guilty and appeals from the judgment.
As recited in appellant’s brief, “On January 11, 1951 at about 11:30 in the morning, three police officers from the Wilshire Vice Squad arrived at a four-story apartment house located at 665 South Cochran in the city of Los Angeles. They went to Apartment No. 205 and one of the officers (W. R. Morgan) listened at the door and could hear a man’s voice using a telephone inside the apartment but he could not distinguish what was being said. He could hear numbers but could not quite distinguish what they were. He did not see who was in the apartment and did not see anybody in there. This officer then left the other two officers sitting in the lobby where they could see the door to Apartment 205, a very short distance away, and went outside looking for the manager. He went down through the building, through the basement and out the side and up the south side of the building outside. This was about three or three and one-half minutes after he had listened at the door, and
It is contended on appeal:
“I.
“That the final judgment of conviction is contrary to law.
“II.
“That the final judgment of conviction is contrary to the evidence.
“III.
“That the court erred in the decision of questions of law arising during the course of the trial.
. “IV.
“Errors of law occurring at the trial and excepted to by defendant. ’ ’
The record does not support appellant’s contentions. It is well settled that the corpus delicti may be established by circumstantial evidence. The weight and value of evidence is for the trial judge. As a matter of law the evidence was sufficient to support the trial judge’s conclusions. There are no prejudicial errors in the record.
The judgment is affirmed.
White, P. J., and Drapeau, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.