Jennings

People v. Jennings

Good Law
183 Cal. App. 2d 603·1960 Cal. App. LEXIS 1796·6 Cal. Rptr. 823
Court of Appeal of CaliforniaAugust 5, 1960Crim. No. 7058California461 words

Opinion

Lead Opinion

Shinn, J.

Ora Mae Jennings, accused with two others of one offense of violation of subdivision 1 of section 337a of the Penal Code and of two violations of subdivision 2, one of which was dismissed, was convicted on two counts and was placed on probation. She appeals from the order of probation, *604 as from a judgment, and from an order denying her motion for a new trial.

The points argued on the appeal are claimed insufficiency of the evidence of the People and error in the receipt of evidence seized by the arresting officers. We find in the record ample evidence of appellant’s guilt and no basis for the claim of error in the admission of evidence.

The ease was tried without a jury and pursuant to stipulation upon the evidence adduced at the preliminary. No affirmative defense was offered.

There was evidence of the following: Officers Brittell, Brown and Weir went to premises 862 West 55th Street in Los Angeles; from outside the house Officer Brittell heard a telephone ring; appellant answered as follows: “Hello, who is this?” and then “Okay. In the fourth, number 5, two to win. In the fifth, number 2, across. Yeah. That’s Money Wasted in the fourth and Charge It in the fifth. Okay. ’…

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