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PEOPLE v. ALLEN

Docket No. 4861.

115 Cal.App.2d 745 (1953)

252 P.2d 968

THE PEOPLE, Respondent, v. JOHN ALLEN, Appellant.

Court of Appeals of California, Second District, Division Two.

February 3, 1953.

Attorney(s) appearing for the Case

Walter L. Gordon, Jr., for Appellant.

Edmund G. Brown, Attorney General, and Michael J. Clemens, Deputy Attorney General, for Respondent.

McCOMB, J.

Defendant appeals from a judgment of guilty of violating (1) section 337a, subdivision 2 of the Penal Code (occupying a room for the purpose of recording bets), and (2) section 337a, subdivision 4, Penal Code (recording or registering a bet).

Defendant concedes the sufficiency of the evidence to sustain the finding of guilty as to each count but contends:

First: The offense of recording or registering a bet is a necessarily included...

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