LILLIE, J.
Defendant was found guilty of violating section 337a, subdivision 3, Penal Code. The cause was submitted to the trial court on the transcript of the preliminary hearing. The defendant neither testified nor offered a defense.
The transcript discloses the following evidence. On several occasions between March 1 and March 23, 1961, Officer McDowell, investigating a bookmaking complaint, went to the Pig'n Whistle café between 10 and 11:30 a.m....
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