People v. Cherry

Appeal by defendant from a judgment of conviction on two counts for the violation of subdivision 3, section 337a of the Penal Code, which section, generally speaking, denounces as a crime the receiving, holding or forwarding of any bet or wager upon the result, among other things, of any horse race. By appropriate waiver of jury and pursuant to stipulation of the parties, the cause was submitted to the trial judge upon the transcript of testimony taken at the preliminary examination.

There is no dispute as to the facts, which epitomized are that upon the afternoon of February 7, 1940,…