WOOD (Parker), J.
Defendants were charged with violating subdivision 1 of section 337a of the Penal Code (bookmaking) and subdivision 3 of said section (receiving money as a wager on a horse race). In Count I it was charged that Tony F. Ungaro violated subdivision 1 on December 10, 1952. In Count II it was charged that he violated subdivision 3 on said date. In Count III it was charged that Tony and Michael M. Ungaro violated subdivision 1 on December 12th. In Count...
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