SEYLE v. STATE

No. 4871.

584 P.2d 1081 (1978)

Irving E. SEYLE, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

September 29, 1978.


Attorney(s) appearing for the Case

James H. Barrett, of Trierweiler, Bayless, Mockler, Barrett & McCartney, Cheyenne, for appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div. and Allen C. Johnson, Asst. Atty. Gen., Cheyenne, for appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.


ROSE, Justice.

Defendant Seyle, charged with first-degree murder, was convicted by a jury of manslaughter in connection with the death of his two-year-old stepson. On appeal he urges (1) the trial court erred in admitting photographs of the deceased; (2) the evidence was insufficient to sustain the conviction; and (3) the prosecutor committed plain and reversible error by commenting upon the failure of defendant's wife to testify. We will affirm the conviction.

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