United States of America, and v. Charles Edward Barnes
UNITED STATES of America, Plaintiff and Appellee, v. Charles Edward BARNES, Appellant
Opinion
PER CURIAM:
The judgment of conviction for illegal possession of a firearm that was required by federal law to be registered by Barnes is affirmed.
The search point is not valid. The case of Stoner v. California, 376 U. S. 483 , 84 S.Ct. 889 , 11 L.Ed.2d 856 , would be applicable if Barnes had been occupying premises where he had a right to be. The trial court found he had no such right and that he who consented to the search had a right to consent.
The trial court found that the incriminating statements made by Barnes were spontaneous outbursts and therefore Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , was not applicable. Our case of Klamert v. Cupp, 9th Cir., 437 F.2d 1153 , fits.
On the record here, we cannot overrule the trial court.
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