Cuellar v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction of voluntary manslaughter. Following the finding of guilt, the jury assessed punishment at ten years.

In appellant’s initial ground of error, he contends that the prosecutor’s questions as to his post arrest silence as to a knife and gun that the deceased had was a violation of his constitutional rights under the due process clause to the Fourteenth Amendment to the United States Constitution. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). We agree.

On January 29, 1977, appellant, while attending a wedding reception,…