Little

Herman Little appeals from a judgment of guilt of violation of Penal Code, section 337a, subdivision 1, violation of subdivision 2 of the same section, and a violation of subdivision 4. An allegation of the information charging defendant with having served a term in prison following *468 a prior conviction of burglary was found to be untrue. Defendant’s motion for new trial was denied and he appeals from the order of denial and from the judgment.

The sole point on the appeal is that the court committed error in receiving in evidence a copy of the National Daily Reporter and certain papers identified as betting markers which the arresting officers found in defendant’s apartment. It is contended that these papers were obtained by means of an unlawful search and seizure.

There was testimony by police officer Walters that he learned the location of a telephone bearing a number that he had obtained for investigation as an apartment building at 519 West 92nd Street in Los Angeles. He called the number; defendant answered the phone; the officer endeavored to place a bet, was asked by defendant his name; he replied “Sam,” was asked where he got the telephone number and stated from…