Thompson v. Atlantic Building Corporation

HOOD, Associate Judge.

Appellant sued for an alleged assault committed upon him by an employee of appellee. Trial by jury resulted in a verdict and judgment in favor of appellee. Appellant urges reversal on two grounds.

The first ground is based on the following. Appellant was the first witness on his behalf and the noon recess was reached before appellant’s direct examination was completed. As the court prepared to recess it admonished the jury not to discuss the case during the recess, and then addressed appellant in these words:

“Now, Mr. Witness, you have not completed your testimony.…