Wooten

Convicted in a nonjury trial o£ violating Penal Code, section 337a, subdivision (1), (pool selling and bookmaking) and sentenced to the County Jail for 30 days, defendant appeals. Counts II (keeping a place for recording bets) and III (accepting a bet) were dismissed.

Appellant raises but two points: (1) insufficiency of evidence, and (2) error of the trial court in considering a probation report containing statements of a police officer that were speculative and conjectural.

Although the appeal purports to be from the judgment and from an order denying defendant’s motion for new trial, no such motion was made and so much of the appeal should be dismissed.

The testimony of the police officers with the reasonable inferences which may be drawn therefrom is clearly adequate to support the conviction. On May 29, 1959, two officers went to a location where they could observe the front entrance of an apartment house at 2640 Catalina Street. During 25 minutes of surveillance they saw no one enter or leave. Then one officer went to a telephone and dialed a certain number which they had been advised was the number of the telephone in Apartment “1” of the above address. On the third…