Gray

In count 1 of an information, defendant Gray, one Lane, and one Loenbruck were accused of violating section 337a, subdivision 1, of the Penal Code (bookmaking on result of horse racing). In count 2, Lane and Loenbruck were accused of violating subdivision 2 of said section (occupying a bar room with paraphernalia for purpose of recording bets on horse racing). In count 3, defendants Gray, Lane, and Loenbruck were accused of violating subdivision 3 of said section (receiving and forwarding money bet on horse racing). In count 4, Lane was accused of violating subdivision 5 of said section (permitting Loenbruck to occupy a room for purpose of recording bets on horse racing).

Lane’s motion to dismiss was granted. Trial by jury was waived as to Gray and Loenbruck. Upon stipulation the cause was submitted on the transcript of the preliminary examination, subject to the right to offer additional evidence. Gray was adjudged guilty on count 1 (bookmaking) and not guilty on count 3 (receiving money). Loenbruck was adjudged guilty on counts 1 and 3. Gray appeals from the judgment and the order denying his motion for a new trial.

Appellant contends that the evidence was insufficient to…