“No smoking” not evidence

January 10, 2014

  • 388 Trial
  • 388III Course and Conduct of Trial in General
  • 388k29 Remarks of Judge
  • 388k29(2) k. Comments on Evidence.

388 TrialAn admonition against smoking in the courtroom is a proper exercise of the court’s duty to preserve order during the trial, especially when smoking is objected to by a juror, though his attention has been called thereto by testimony that a female passenger was nauseated by tobacco fumes on defendant’s train, and cannot be regarded as a comment on the evidence or as prejudicial to defendant.

International & G.N.R. Co. v. Duncan, 121 S.W. 362 (Tex. Civ. App. 1909)

Submitted by Todd Duncan, Attorney; Joaquin & Duncan, LLC; Bedford, Texas