Tenedor

Defendant was convicted by the court, a jury having been waived, of a violation of subdivision 4 of section 337a of the Penal Code—unlawfully recording wagers on horse races. He appealed from the judgment and sentence. As an appeal does not lie from the sentence, that appeal must be dismissed.

Defendant’s assignments of error are: (1) he was denied a speedy trial in that the court did not set the case for trial within 30 days after the entry of the plea, and in that he was not brought to trial within 60 days after the filing of the information; (2) the evidence is insufficient to support the judgment; and (3) the court erred in denying his motion for a new trial in that he was not sentenced within 30 days from the time he was found guilty.

The information was filed December 13, 1950. Defendant was arraigned and pleaded not guilty on December 15, 1950. On that date the cause was set for trial on January 24, 1951. On the latter date the cause was called for trial, the parties stipulated that a jury be waived and that the case be submitted on the testimony taken and the exhibits received at the preliminary examination with the reservation that each side could produce additional…