Monday, August 23, 2010

The McNaughton Test: I Could NOT Make This Up!

Readers will recall that on July 21, I had to deal with a rabid warthog in human form who was screaming at my client, and repeatedly threatening me. Happily enough, Judge Yarbrough had Deputy Clarke escort her and her male companion from the courthouse.
I *distinctly* remember the Judge telling both of them that if he heard one more word from *either* of them he'd give them 30 days in jail. I was admitted to the bar 22 years ago, and this is the first time I've ever heard a judge come down on someone that hard. I wrote about that incident on my blog entry, "Fracas on the Sixth Floor."
Last week, the perpetrator filed a complaint against me with the Columbus Bar Association.
Anyhow, I just learned that Ms. Warthog's male companion was named...wait for it... McNaughton. Not just McNaughton, but *Daniel* McNaughton. No, I did NOT make that up. At this point, I suspect that all lawyers reading this are cackling, and if non-lawyers bother to Google the name "Daniel McNaughton," they'll get a good laugh too.
Hmmm . . . so I suppose the question is, did Mr. McNaughton suffer from a defect of reason as to not know the nature or quality of his action or, if he did know it, was he unaware that what he was doing was wrong?

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