People v. Garland

Defendant, together with James E. Glenn and Amuel O’Neal Miles, was tried by a jury and found guilty of violating Penal Code section 337a, subdivisions 1-4 and 6, relating to bookmaking. After defendant’s motion for new trial was denied, judgment was imposed on one count only of ten counts on which defendant was declared guilty; defendant was granted five years’ probation conditioned upon serving three months in the county jail.

Of the three persons convicted, defendant alone appeals, contending misconduct of the court and district attorney, erroneous instructions to the jury, and error of the court in failing to sentence defendant on the remaining nine counts.

On February 27, 1962, an investigator entered a house in Santa Ana, California, took a seat and leafed through a daily *584 racing form and a scratch sheet. Defendant was seated at a table apparently playing cards with other men and a woman. Bets were made on horses, and there was conversation about betting, someone inquiring for Glenn and defendant telling him he would find Glenn in the bedroom. The investigator returned to the house the following day, observed a woman circulating about with a pad of paper, talking to…