Whyte

The People appeal from an order granting defendants’ motion to set aside an information under Penal Code section 995 charging defendants with bookmaking in violation of section 337a of the Penal Code in three counts, subdivisions 1, 2 and 4. The People concede as to defendant Gillett, the evidence was not sufficient as to count III.

Taylor L. Searcy, one of the arresting officers, testified as follows: Approximately 20 days prior to the arrest of defendants he was furnished with a formal vice complaint from one of his superiors showing that an anonymous source of information had stated that telephone number DUnkirk 31524 was being used for illegal purposes, to wit, bookmaking; the person answering the phone was using the name of “Whitey” and that it was in Apartment 34 of 230 South Coronado; during the 20 days prior to the arrest, this officer had put the Dunkirk number through the telephone company and had determined that this number was registered to a Lee B. 0 ’Neal; prior to making the arrest of defendants, he checked the mail box at the above location and saw the name “Marshall C. Whyte” on the mail box for Apartment 34; and he also had learned defendant Whyte had a previous…