Hughes

By an amended information, defendant was charged in three counts with bookmaking in violation of section 337a of the Penal Code, subdivisions 1, 2 and 6 respectively. Five prior felony convictions were also alleged. A jury trial was waived an'd the case was submitted on the transcript of the preliminary hearing. The court found defendant guilty as charged. No finding was made on the priors. Motions for new trial and probation were denied and defendant was sentenced on each count to serve one year in the county jail. The sentences were ordered to run concurrently. Defendant appeals from the judgment of conviction.

The facts are as follows: Defendant was arrested on January 25, 1964, in apartment No. 6, 2314 South Raymond Avenue, Los Angeles. On this date Officer Harold Hand of the Los Angeles Police Department arrived in the vicinity of apartment No. 6 and kept it under surveillance for approximately 40 minutes. During this time the officer saw 14 different persons enter and leave the apartment. Three of these persons were carrying papers which he recognized as National Daily Reporters. After making these observations, Officer Hand proceeded to apartment 3 which was located…