Owen v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for voluntary manslaughter. The jury assessed punishment at twenty years.

In a single ground of error appellant contends the court erred in overruling his motion for mistrial “following the prosecutor’s comments on the failure of the defendant to testify.”

At the punishment stage of the trial the prosecutor argued:

“He [deceased] was a living breathing human being that is not here today to tell us how he feels about what happened because of Lewis Owen [appellant]. Now, in the Defendant’s testimony you heard the Defense rest, they did…