People v. Tuttle

WOOD, J.—Defendants

were charged with the crime of violation of section 337a, subdivision 2, of the Penal Code, in that they “did wilfully and unlawfully keep and occupy a room, . . . with . . . books, . . . and papers, apparatus, device and paraphernalia, for the purpose of recording and registering . . . bets on the skill, speed and power of endurance between beasts, to-wit horses”. At a trial before the court without a jury both defendants were found guilty. They prosecute this appeal from the order denying their motion for a new trial.

Defendants argue that the evidence is insufficient to…