Ellen was a sight to be held, which Larry probably had in mind when he was introduced to her at a party as Dr. Smith. Consequently, when the party came to a close and Larry -- tall, dark and handsome -- requested the pleasure of driving her home, Ellen accepted the offer alacrity.
Actually, Ellen should have accepted Larry's offer with a little less alacrity and a little more caution. On the way home, she mentioned that she was having back problems and asked whether Larry would mind examining her back when they arrived at her apartment.
Upon arriving at her apartment, however, and disrobing, Ellen soon became suspicious of Larry's intentions when he began examining her like he was on a Perilla Sight Seeing Tour. Upon cross-examination in a fashion that would have made Perry Mason proud, Ellen soon discovered that Larry was a doctor of psychology and not medicine.
Outraged, Ellen tossed Larry out of her apartment and had him arrested for assault and battery.
"I'm innocent," insisted Larry in court. "I never told Ellen that I was an M.D. And taking off her clothes and my examining her was her idea, not mine. Since no force was used, no assault and battery took place."
"I disrobed because I thought he was a doctor of medicine," responded Ellen. "As a psychologist, he should have known what I was thinking."
If you were the judge, would you convict sightseeing Larry of assault and battery?
This is how the judge ruled: Yes! The judge ruled that Larry obviously obtained Ellen's consent to being examined by being mislead into believing Larry was a medical doctor. Consent so obtained, concluded the judge, constitutes fraud and is tantamount to force.
-- based upon a 1938 Pennsylvania Superior Court decision