Fontes

After a jury trial, appellant was found guilty, under count II of an information, of occupying a bar on January 7, 1969, with a book, papers and paraphernalia used for bookmaking on horses in violation of Penal Code section 337a, subdivision 2, a felony. The information contained four counts in all, including one count charging bookmaking, each based upon a subdivision of Penal Code, section 337a. One prior felony conviction was charged. 1 Proceedings were suspended; appellant was placed on probation for three years and appeals from the order. (Pen. Code, § 1237, subd. 1.) Two points are raised on this appeal.

I. Sufficiency Of The Evidence

The court instructed the jury on that portion of subdivision 2 of Penal Code section 337a pertinent to the evidence as follows: “Every person who, whether for gain, hire, reward or gratuitously, keeps or occupies, for any period of time, any room, place or enclosure, of any kind, or any part thereof, with any books, papers or paraphernalia, for the purpose of recording or registering any bets or wagers, or any purported bets or wagers, upon the result or purported result of any contest or purported contest of skill, speed or power of…