Jeffery

This is an appeal from a judgment of conviction for occupying a place where bookmaking is carried on.

In an information filed in Los Angeles County the defendant was charged in three counts with violating Penal Code, section 337a, subdivisions 1, 2 and 4 and also that he had suffered a prior conviction of violating the same code section in 1957. Defendant pleaded not guilty and denied the prior conviction. A jury trial was duly waived and it was stipulated that the ease might be submitted on the testimony taken at the preliminary hearing with the right to submit other evidence. The defendant admitted the prior conviction to the trial judge. The court found defendant guilty of count 2 which charged in effect that the defendant had occupied a place where bets were made and further found him not guilty as to counts 1 and 3. A motion for a new trial was made and denied. Defendant has appealed from the order denying his motion for a new trial and from the judgment.

A résumé of the facts is as follows:

On February 5, 1959, Officer Yorkovich who had prior *675 information, went to 6405 S. Vermont Avenue where on the front window thereof appeared the words “Watkins Maintenance.”…