Plath

The defendant was charged by indictment presented July 25, 1912, with violating each and all of the numerous provisions of section 337a of the Penal Code. He interposed a demurrer on the grounds, substantially: 1. That the indictment does not conform, to the provisions of sections 950, 951, and 952 of the Penal Code; and, 2. That more than one offense is improperly charged therein. The demurrer was treated in the lower court as sufficiently presenting the objections stated, and in view of the action of the trial court should so be regarded here. The trial court sustained the demurrer, and the district attorney having declined to amend, judgment of dismissal was given. This is an appeal by the people from such judgment.

Section 337a, relating to gambling by pool-selling, bookmaking, bets, and wagers, substantially declares that any person who does any act specified in any of six separate and distinct subdivisions, which are numbered from “1” to “6” both inclusive, and connected by the disjunctive “or,” each subdivision being complete in itself (subdivision 1 being “who engages in pool-selling or bookmaking, with or without writing, at any time or place”), “is punishable by…