Harris

This and 10 other cases (Cr. A. 4322 to 4331) are cognate cases (Cr. A. 4322, 4327 and 4330 being appeals from judgments of conviction of violation of Penal Code, section 330 (gambling), and the other eight, from judgments of conviction of violation of Pasadena Ordinance Number 453-3% (knowingly being present at a place where gambling was being conducted)). The facts of the gambling (playing “21” for money) and being present thereat, were stipulated to, provided that the defendants be permitted to make an offer of proof as to the constitutional question of deliberate and intentional discrimination and unequal treatment in the enforcement of the applicable statute and ordinance, by reason of race and color. “Offers of proof” were made by defendants and argued to the court, which rejected the offers and found each defendant guilty as charged, and fined each $26.25. (Clerk’s Tr. p. 1 for 1/5/60.)

Prom all the trial court’s comments in the transcript (especially Tr. 18), we believe that he rejected the offers because *839 he was of the opinion that the evidence if admitted would not prove intentional and deliberate discriminatory enforcement, “ even though there may be some slight…