United States of America, and v. Charles Edward Barnes

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.