Arnold

Defendant was convicted by the court on three counts of bookmaking (count I—§ 337a, subd. 1, Pen. Code; count II—§ 337a, subd. 2; count III—§ 337a, subd. 4). No disposition was made of the two prior felony convictions alleged in the information. Motion for new trial and probation were denied and defendant was sentenced to 180 days in the county jail. At the same time defendant was found to be in violation of probation granted on a prior bookmaking conviction (§ 337a), the same was revoked and he was sentenced to 90 days on each count, the sentences to run concurrently, but consecutively to the 180-day sentence herein. We treat defendant’s appeal from “judgment of conviction and from the orders denying probation” as one from the judgment and order revoking probation.

On August 8, 1964, Officers McCarthy, Dean and Lethin rode in a police vehicle to a location a block and a half from 9503 South Avalon which consists of a one-story building in which are located a shoeshine stand and “recreation parlor.” Observing this location for 20 or 30 minutes, Officer McCarthy saw 20 to 30 people enter and leave the building; some remained inside, others stayed only a minute or two. Thereafter,…