People v. Gompertz

GRIFFIN, J.—

Defendants Laurence K. Gompertz and Leonard Brophy were convicted of the crime denounced by section 337a, subdivision 2, Penal Code. No judgment was pronounced nor sentence imposed. They were granted conditional probation and now appeal from the order denying a new trial. Defendants’ main contention is that the evidence produced was insufficient to establish that they occupied the place with books, papers, or paraphernalia for the purpose of recording or registering bets upon the results of horse races.

The arresting officers testified generally that they went to a store building…