Follins

In a nonjury trial the defendant was convicted of violating section 337a, subdivision 1, of the Penal Code (bookmaking upon the result of horse racing). She appeals from the judgment.

Pursuant to stipulation the cause was submitted in the trial court upon the transcript of the preliminary examination. The defendant did not testify at the preliminary examination or at the trial.

Appellant contends that the judgment should be reversed because the evidence, which was received as exhibits, was obtained by illegal search and seizure.

Sergeant Bennett, who was in charge of the vice detail at the Highland Park police station in Los Angeles, testified that on April 11, 1958, about 12:30 p. m., he received information from a confidential informant that bookmaking was taking place on telephone number Republic 3-9478; he ascertained from the telephone company that the number was listed for the address, 4038 West 28th Street, Los Angeles; he directed Officers Diero and Boardman to go to' the address; about 3 :15 p. m of that day the officers told him by radio *785 telephone that they were at said address and had the house under observation; about 3:22 p. m. he (witness) called telephone…