Pierce

Defendant-appellant Jack Pierce was in-dieted in count one with defendant James Springer on a charge of conspiracy to commit the crime of bookmaking (Pen. Code, §182, subd. 1; and Pen. Code, § 337a.) Three overt acts are charged: one, that about June 22, 1957, one Schrader met with defendant Springer at Tony’s Newport Café and Bar at 5034 Newport Boulevard in Ocean Beach; second, that on or about June 22, 1957, Schrader placed a horse race bet with Springer and he accepted it in the.presence of appellant Pierce; and third, that about June 26, 1957, Schrader placed a race horse bet with defendant Springer who then and there accepted it. The fifth count charges appellant Pierce with the crime of permitting the use of premises for bookmaking (Pen. Code, § 337a, subd. 5), i.e., that about June 22,1957, while the owner or occupant of a building, to wit, Tony’s Newport Café and Bar, he permitted same to be used and occupied for the purpose of bookmaking. Both defendants were found guilty of these charges by a jury. Appellant was granted conditional probation. He appealed from the judgment of conviction and order denying a new trial. The first claim is that the verdict was against law…