Schwartz

The defendant was informed against by the district attorney of the city and county of San Francisco, charged with a violation of the provisions of section 337a of the Penal Code. He was tried, convicted and sentenced to imprisonment in the county jail for the term of thirty days. This appeal is from the judgment.

In substance the information charges that at a certain game of baseball played between the San Francisco and Oakland baseball clubs, the defendant offered to bet with the spectators, or any of them, at the ratio of three and one-half to one that the San Francisco baseball club would not score in the eighth inning of said game; that John Liebold, one of the spectators, accepted the offer, and a bet at the odds mentioned was then and there made, whereupon defendant “received and recorded said bet,” and subsequently, the San Francisco baseball club having scored in the eighth inning, the defendant paid the amount of the bet.

The first question raised by appellant is whether the facts stated in the information constitute a public offense. The information is founded upon that portion of said section 337a which reads as follows: “Every person . . . who records or registers…