California Criminal Jury Instructions (CALCRIM) (2017)

2991. Pool Selling

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2991.Pool Selling (Pen. Code, § 337a(a)(1))
The defendant is charged [in Count ] with pool selling [in
violation of Penal Code section 337a(a)(1)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant sold or distributed shares or chances in a betting
pool;
AND
2. When (he/she) acted, the defendant knew that (he/she) was
selling or distributing shares or chances in a betting pool.
The defendant does not need to be involved in selling or distributing
shares or chances as a business or occupation. A single act that violates
the statute is sufficient. [It is not necessary that the event that is the
subject of a betting pool actually take place.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Pen. Code, § 337a(a)(1); Finster v. Keller (1971) 18 Cal.App.3d
836, 846 [96 Cal.Rptr. 241].
• Knowledge Required. People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224
P.2d 828].
• Pool Selling Defined. Finster v. Keller (1971) 18 Cal.App.3d 836, 846 [96
Cal.Rptr. 241]; People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224 P.2d
828].
• One Bet Sufficient. Pen. Code, § 337a(a)(1).
• Event Need Not Occur. People v. Ghio (1927) 82 Cal.App. 28, 32–33 [255 P.
205].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 279.
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