Sutherland

The defendant was convicted of the crime of recording and registering bets as that offense is defined in subdivision 4 of section 337a of the Penal Code. He appeals from the judgment of imprisonment and from an order denying his motion for a new trial.

As ground upon which to base his claim for a reversal of the judgment and order, appellant insists that the evidence was insufficient to warrant a conviction; that the district attorney was guilty of misconduct in his argument to the jury; and that the court erred in admitting the testimony of two police officers who identified the various papers, cards, and documents found in the rooms occupied by appellant as being material such as is used by bookmakers.

Disposing of the first and third objections, we are convinced that the evidence was sufficient to sustain the verdict, and that there was no error in the ruling of the court admitting the testimony objected to. Appellant at the time of his arrest was occupying three certain rooms in the city of San Diego, at the entrance of which was affixed a sign bearing the word “Brokerage.” The two police officers, entering the first of the three rooms, found appellant seated at a desk and…