Harris

Defendant and appellant, Harry L. Harris, was charged in an information filed by the district attorney, in count I thereof, with the violation of subdivision I of section 337a of the Penal Code, which is in effect “engaging in bookmaking”, and in count II with the violation of subdivision 3 of the same code section, that is, the receiving of money ,to be used as a wager upon the result of a horse race.

At the trial in the superior court a jury was duly waived by the defendant and, by stipulation, the cause was submitted upon the transcript of the evidence adduced at the preliminary hearing, and the exhibits introduced therein. The defendant was adjudged guilty as charged in both counts of the information. A motion for a new trial was made and granted as to count I and denied as to count II. Plaintiff, the People, gave oral notice of appeal from the order granting the motion for a new trial as to count I, which appeal was subsequently dismissed by stipulation of counsel for the respective parties.

Defendant appeals from the judgment rendered, and from the order denying the motion for a new trial as to count II.

The transcript of the evidence adduced at the preliminary hearing…