Hames

Appellant Wallace Hames was accused of three violations of section 337a of the Penal Code, namely, Count I, violation of subdivision 1 (bookmaking), Count II, violation of subdivision 2 (occupying a room with betting paraphernalia), and Count III of subdivision 6 (accepting bets on horse races). In a court trial, under stipulation, the *674 cause was submitted on the transcript of evidence received in the preliminary examination and the testimony of one of the officers who testified at the preliminary and was called by the People at the trial. Defendant was convicted under Count II and Counts I and III were dismissed; his application for probation was granted upon condition that he serve 30 days in the county jail and pay a fine of $250. He appeals from the judgment.

Two points are urged on the appeal, (1) refusal of the court to require the arresting officer to divulge the name of an informant and (2) insufficiency of the evidence to sustain the judgment.

Officer Ferrone testified that he had received information from a confidential informant that bookmaking was being conducted by a male Caucasian named “Wally” through the use of a telephone in a room in the Melba Hotel; he had…