Russell

Defendant was found guilty of a violation of section 337a, subdivision 2, Penal Code (occupying a house with books, papers, apparatus and paraphernalia for the purpose of recording and registering horseracing bets). He appeals from the judgment of conviction.

Acting on information from a sergeant in administrative vice that by dialing a certain telephone number bets could be placed on numbers and horses, Officer Hubbard determined from the telephone company that the number was registered to a woman at 11616 South San Pedro. On June 1, 1962, around 1 p.m., while his partner, Officer Nishimura, “staked on” the address, he went to a telephone near by and dialed the number; a male voice answered and the following took place:

Officer Nishimura, on a prearranged signal from Hubbard, proceeded to 11616 South San Pedro; he forced entry and told defendant, standing in the hallway, not to move, they were police officers and he was under arrest. In front of defendant was a telephone with the receiver off the hook. Officer Nishimura picked it up and said, “Hello”; Officer Hubbard answered, “Nish?” and he replied, “Yes. We have got him Hubbard. Come on in.” Defendant’s voice resembled the…