In Re O'Shea

Petitioner seeks to be discharged from imprisonment under a complaint charging him with violating section 337a of the Penal Code, commonly called the “Racetrack bill.” The charge is that he committed the crime of a felony on the fifth day of July, 1909, in this, that he “did willfully and unlawfully engage in poolselling and bookmaking, and record and register a certain bet and wager and sell pools upon the result of a certain trial and contest of skill, to wit, dogs, at and upon those certain grounds known as Ingleside Coursing Park, situate on Ocean avenue near Lee street in the city and county of San Francisco and within the state of California, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of California. ’ ’

The section is entitled, “'Poolselling, bookmaking, bets and wagers. Penalty,” and so far as material to the case at bar reads as follows: “Every person who engages in poolselling or bookmaking at any time or place; ... or who records or registers bets or wagers or sells pools upon the result of any trial or contest of man or beast or between men or beasts, ... is…