Wilson

This is an appeal from a judgment of conviction of bookmaking (Pen. Code, § 337 a).

In an information filed in Los Angeles County the appellant was charged with three counts of bookmaking activities; count 1 charged a violation of section 337a, subdivision 1 of the Penal Code, count 2 charged a violation of section 337a, subdivision 2 of the Penal Code, and count 3 charged a violation of section 337a, subdivision 4 of the Penal Code. Appellant pleaded not guilty. A jury was waived and by stipulation the cause was submitted upon the testimony taken at the preliminary hearing. Appellant was found guilty as charged in count 3 and not guilty as to the remaining counts. The appeal is from the judgment.

A résumé of some of the facts is as follows: before March 10, 1961, the day of appellant’s arrest, Officer Aldridge had received information from the vice and intelligence files of the police department that the establishment at 148 East Santa Barbara Street was a record shop owned and operated by the appellant and that bookmaking had been and was still *781 being conducted there. The officer knew that the appellant had been arrested 13 times and had been convicted of bookmaking. The…