People v. Wooten

RICHARDS, J. pro tem.*

Convicted in a nonjury trial o£ violating Penal Code, section 337a, subdivision (1), (pool selling and bookmaking) and sentenced to the County Jail for 30 days, defendant appeals. Counts II (keeping a place for recording bets) and III (accepting a bet) were dismissed.

Appellant raises but two points: (1) insufficiency of evidence, and (2) error of the trial court in considering a probation report containing statements of a police officer that were speculative and conjectural.

Although the appeal purports to be from the judgment and from an order denying defendant’s motion…