Tereno

Defendant was found guilty of violating section 337a, subdivision 3, Penal Code. The cause was submitted to the trial court on the transcript of the preliminary hearing. The defendant neither testified nor offered a defense.

The transcript discloses the following evidence. On several occasions between March 1 and March 23, 1961, Officer McDowell, investigating a bookmaking complaint, went to the Pig’n Whistle café between 10 and 11:30 a. m., where he observed defendant enter, sit at the counter or a booth and order food, and hold short conversations with various persons. (On the issue of probable cause, McDowell testified that fellow officers, previously investigating the same complaint, advised him that in February they observed defendant enter the café and contact another man seated at the counter, and after a conversation, the latter consult a National Daily Reporter and hand currency to defendant; and on another occasion they saw defendant sit in a booth with three men, the latter look at a National Daily Reporter and after a short conversation with defendant each hand him some currency.) On March 23, 1961, McDowell, who had come to the location at approximately 10:30 a. m.,…