People v. Lopez

WILSON,

J.—Defendant was found guilty of violating sec-

tion 337a of the Penal Code. † He has appealed from the judgment of conviction on the grounds that (1) the evidence is insufficient to sustain the judgment, and (2) the punishment imposed upon him is cruel and unusual.

Sufficiency of the Evidence

A police officer entered a cocktail bar at about 2 o’clock in the afternoon and observed defendant who was seated at the bar with three or four other persons. The officer kept defendant under observation for about 40 minutes; during that time defendant looked at a scratch sheet which was lying on…