Houston v. State

Jessie Houston, the appellant, was indicted for the first degree murder of his wife. A jury found him guilty of manslaughter in the first degree and fixed his punishment at ten years imprisonment. Accordingly the trial judge entered judgment and sentence from which Houston appeals. Houston has been ably represented by retained counsel both at trial and on appeal.

We are presented with two issues on appeal: (1) The prosecutor's comments on the post-arrest silence of the accused and (2) the admission of a photograph of the deceased.

For the most part the facts are not disputed. On August 20,…