Davis

Defendant was charged in an information filed by the District Attorney of Los Angeles County, with a violation of subdivision 2, section 337a of the Penal Code, in that on September 3, 1943, he did keep and occupy a store building at 3003 Central Avenue, Los Angeles, with books, papers, apparatus, device or paraphernalia for the purpose of recording or registering bets on horse races.

Defendant pleaded not guilty to the charge and waived a jury trial, it being stipulated that the prosecution’s case might be submitted on the transcript of the preliminary examination and the exhibits there introduced.

This appeal is prosecuted from the judgment of conviction of the offense charged in the information, as well as from the order denying appellant’s motion for a new trial.

The only evidence produced was the testimony of the arresting officer, James Fisk, attached to “Administrative Vice” division of the Los Angeles Police Department, whose qualifications as an expert in matters concerning bookmaking were stipulated to. His testimony was to the effect that he arrested appellant on September 3, 1943 at 11:40 o’clock in the morning at a card parlor situate at 3003 Central Avenue, that…