Buckman

Appellants Drugan, Chernoek and LaCroix, with codefendants Reynolds and Buckman, were variously charged in four counts alleging conspiracy to commit, and violations of, the bookmaking statute. Count I charged all defendants except LaCroix with conspiracy to violate section 337a, subdivisions 1, 2 and 4, Penal Code, alleging four overt acts—occupancy of premises at—915 North Sycamore Avenue by Reynolds (No. 1), 5407 Sierra Vista Street by Buckman (No. 2), 7465 Hawthorne Avenue by Chernoek (No. 3), and 3200 West Beverly Boulevard by Drugan (No. 4), with bookmaking paraphernalia for the purpose of recording or registering bets. Counts II and III charged Buckman, Reynolds, Chernoek and Drugan with bookmaking (Pen. Code, § 337a, subd. 1), and occupying premises with bookmaking paraphernalia (§ 337a, subd. 2); Count IV included LaCroix alleging they recorded and registered bets (§ 337a, subd. 4). The trial court found all defendants guilty as charged. Drugan, Chernock and LaCroix appeal from the judgment of conviction and order denying motion for new trial; Buckman and Reynolds have taken no appeal.

Because of the conspiracy charge (Count I), we relate the evidence in considerable…