Tuesday, June 14, 2011

Peanut Butter Assault and Battery?

An AP story out of Battle Creek, MI has the earmarks of a good law school or bar exam question. 

The ex-wife of a local gentleman is aware that the new wife has a severe peanut allergy.  So mail ex- sends to her husband is smeared in peanut butter, and the outside of the envelope warns the person handling the envelope that this is the case.  Assault and battery? 

Here's an excerpt from the Associated Press story:

BATTLE CREEK, Mich. (AP) — A Michigan woman who told police she’s highly allergic to peanuts wants assault charges against her husband’s ex-wife for sending him a letter smeared with peanut butter.  The Battle Creek Enquirer reports the woman told police she believed the peanut butter on a bill was an attempt to harm her [. . . ] The Battle Creek woman told police said she came home during her lunch break Friday and found an envelope in the mailbox addressed to her husband with oil soaking through. The outside of the envelope had writing indicating that it contained peanut butter.
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Mens rea, anyone?  Allright, class, the new wife opens the mail and ends up in anaphylactic shock? 
The Bad Lawyer is allergic to most insect bites and stings, I empathize with the victim.

1 comment:

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