People v. Rubin

HERNDON, J. pro tem.*

In an information of two counts, defendant was charged with violations of subdivisions 1 and 6 of section 337a of the Penal Code, to wit, of bookmaking and accepting a bet on a horse race, respectively. The defendant entered a plea of not guilty. A jury trial was waived and it was stipulated that the cause be submitted on the transcript of the preliminary hearing. Defendant was found guilty on both counts as charged. His motion for a new trial was denied. He has appealed from the judgment and from the order denying his motion for a new trial.

Appellant urges two…