UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,

v.

TRULLY JUNIOR HATHORN, DEFENDANT-APPELLANT

PER CURIAM:

Hathorn correctly points out that in our arguendo assumption concerning his initial detention we erred in holding that it could suffice as a legal arrest on grounds that the misdemeanor of leaving the scene of an accident was then and there committed in the presence of an officer. In reaching this conclusion we relied upon the fact that Hathorn admitted to the officer that he was involved in the accident. That admission, however, was properly ruled inadmissible by the trial court. Thus we improperly considered it.

However, this error does not affect the affirmance of Hathorn’s conviction since the legality of that original detention can be upheld upon another basis. The later formal arrest of Ha-thorn back at the scene of the accident was for driving under the influence of intoxicating beverages. Under all of the facts disclosed by this record, Hathorn could have been arrested at the point and time of his initial detention for the misdemeanor of being drunk in a public place. Miss.Code Ann. § 2291 (1942) states that a person can be guilty of a misdemean-or if he is drunk in a public place in the presence of two or more persons. The Mississippi Supreme Court has held that a highway is a public place within the meaning of this section. See State v. Yearwood, 204 Miss. 181, 37 So. 2d 174 (En Banc 1948), and Brown v. State, 231 Miss. 5, 94 So. 2d 608 (1957). There were two patrolmen in the car when Hathorn was picked up. Thus all the elements of this offense occurred in the presence of the two officers. This would be a sufficiently related offense to make that detention a legal arrest. See United States v. Atkinson, 450 F. 2d 835 (5th Cir. 1971).

The remainder of Hathorn’s contentions are without merit. The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

. Miss.Code Ann. § 2470 (1942) provides:

An officer or private person may arrest any person without warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence; or when a person has committed a felony, though not in his presence; or when a felony has been committed, and he has reasonable ground to suspect and believe the person proposed to be arrested to have committed it; or on a charge, made upon reasonable cause, of the commission of a felony by the party proposed to be arrested. And in all cases of arrests without warrant, the person making such arrest must inform the accused of the object and cause of the arrest, except when he is in the actual commission of the offense, or is arrested on pursuit.

. § 3501. Admissibility of confessions

(a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness.

If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of volun-tariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.

(b) The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including (1) the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel; and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not

be conclusive on the issue of volun-tariness of the confession.

(c) In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a magistrate or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention : Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such magistrate or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such magistrate or other officer. (d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention.

(e) As used in this section, the term “confession” means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.

. This Circuit’s position as to the standing of an accused to challenge a search made of an auto to which he has no proprietary interest is not completely clear. Compare the portion of Glisson v. United States, 406 F. 2d 423 (5th Cir. 1969), which was not overruled by our en bono decision in United States v. Johnson, 431 F. 2d 441 (5th Cir. en banc 1970), with United States v. Kilgen, 445 F. 2d 287 (5th Cir. On Petition for Rehearing 1971).