Ghio

pro tem. — Defendant was charged in two informations with violations of section 337a of the Penal Code. By stipulation of counsel the eases were tried together. Information No. 47,988 charged the defendant with the crime of violation of subdivision 3 of section 337a of the Penal Code on or about the fifth day of March, 1926, by receiving bets on horse-races. Information No. 47,989 is not included in the record; but it appears from the instructions of the court that this information charged the defendant in three separate counts with violations of certain subdivisions of section 337a of the Penal Code on or about the third day of "December, 1925, as follows: With occupying a room for the purpose of recording bets on horse-races and selling pools thereon; with receiving bets on horse-races, and with recording bets on horse-races. The jury returned a verdict of guilty as to the charge in information No. 47,988, and a verdict of not guilty as to the charges in information No. 47,989. Defendant appeals from the judgment following the verdict on information No. 47,988.

Thomas E. Remington, a police officer of San Diego, testified that on March 3, 4, and 5, 1926, he went to defendant’s…