## Facts

- Ridley Mabrey and his wife argued at their home on June 7, 1869; he used “very improper language” and threatened to leave her.
- As his wife started to leave, Mabrey seized her left arm and said he would kill her.
- Mabrey drew a knife and struck at his wife but did not hit her.
- Mabrey drew back as if to strike again, but a bystander caught his arm; the wife escaped and ran about fifteen steps.
- Mabrey did not pursue her, but warned her not to return and threatened to kill her if she did.
- The special verdict found Mabrey did not strike or physically injure his wife and that he was a man of violent character.
- The jury returned a special verdict, leaving the legal effect to the court; the trial court entered judgment of not guilty, and the State appealed.

## Issues

1. Whether a husband’s threats to kill his wife, coupled with an attempted knife attack that causes no physical injury, constitute a criminal assault.
2. Whether the marital relationship and judicial reluctance to intrude into “trifling” domestic matters prevent criminal prosecution for such conduct.

## Decision

- The Supreme Court of North Carolina reversed the trial court’s judgment of not guilty.
- The court held that the facts found in the special verdict constituted an assault.
- The court held this was a case in which courts will interfere notwithstanding the marital relationship and the absence of physical injury.

## Legal Principles

- Courts may decline to intervene in “trifling cases of violence in family government,” but that restraint does not extend to serious misconduct.
- No personal relationship, including marriage, shields a person from criminal liability for “malicious outrage or dangerous violence” committed or threatened.
- An assault may be established by a life-threatening attempt and accompanying threats showing present danger, even if no blow lands and no bodily injury occurs.

## Conclusion

The court drew a line between minor domestic misconduct and serious, life-threatening violence: a husband who threatens to kill his wife and attempts to strike her with a knife commits an assault, and marriage does not bar the State from prosecuting dangerous violence or threats within the home.


State v. Mabrey, 64 N.C. 592 (N.C. 1870)