Phillips

From judgments of conviction entered after verdicts of a jury for violation of section 337a, subdivisions 1 and 2, Penal Code, and from the order denying a new trial, defendant appeals.

A police officer had received information concerning bookmaking operations at 717 El Cajon Boulevard, City of El Cajon. An affidavit of a police officer was sworn to before a magistrate of the municipal court and a search warrant was issued on August 3,1957, which read in part:

Upon arriving at 717 El Cajon Boulevard two officers went to the front door and two officers proceeded to the rear of the house. Although the officers at the locked front door demanded admission, no one admitted them. The officers in the rear of the house entered by a window and the other officers were admitted by their brother officers through the front door. Officers entered a room described as a “bed room” but which in fact was not furnished as such. No other room in the house was furnished for living quarters and no clothing was found. In this “bed room” defendant was seated at a table on which rested two telephone instruments. On this table and about the room the officers observed pads of paper, racing forms, radio…