Robert Eugene Frizell v. United States

Frizell was convicted of a violation of California Penal Code, Section 12021— possession of a firearm by a convicted felon, upon a federal reservation, made applicable under the assimilated crime statute, 18 U.S.C. Section 13 . He was originally sentenced on June 16, 1966, to a term of 15 years, and on September 16, 1966, the judgment was modified by the court and reduced to a term of 5 years imprisonment.

There was proof of Frizell’s presence in a National park on the date in question, and that he was then in possession of a firearm as alleged in the indictment. Proof was made that he had been twice convicted of felonies, once in a California state court and once in the federal court.

The sole question presented by the appeal relates to admission into evidence of incriminating statements made by Frizell at the time of his arrest. He does not question the sufficiency of the evidence.

On October 10, 1964, complaint was received by Yosemite Park Rangers that a man claiming to be a deputy sheriff was making a disturbance in the Park. Two Rangers located Frizell. He was armed with a .357 Magnum revolver. He stated that he was a deputy sheriff from Los Angeles County, but later…