State v. . Mabrey
Supreme Court of North Carolina
Assault, tried before Watts, J., at Spring Term 1870,, of Halifax Court. The jury found, by a special verdict, that on the 7th day of June 1869, at the house of the defendant, &c., the latter and his wife had some words and he threatened to leave her; after some very improper language by him, she started off, when he caught her by the left arm, and said he would kill her, and drew his knife and struck at her with it, but did not strike her; that he drew back as if to strike…
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Assault, tried before Watts, J., at Spring Term 1870,, of Halifax Court. The jury found, by a special verdict, that on the 7th day of June 1869, at the house of the defendant, &c., the latter and his wife had some words and he threatened to leave her; after some very improper language by him, she started off, when he caught her by the left arm, and said he would kill her, and drew his knife and struck at her with it, but did not strike her; that he drew back as if to strike again, and his arm was caught by a bystander, whereupon the wife got away and ran about fifteen steps; that the…
1Opinion of the CourtBeade, J.
The facts present a case of savage and dangerous outrage, not to be tolerated in a country of laws and. Christianity. We rigidly adhere to the doctrine, in State v. Rhodes, Phil. 453, and precedent cases in our reports, that the Courts will not invade the domestic forum, to take cognizance of trifling cases of violence in family government; but there is no relation which can shield a party who is guilty of malicious outrage or dangerous violence committed or threatened. In State v. Rhodes, the jury had been charged that ££ the husband had the right to whip his wife with a switch no larger…
2Cases cited1 opinion
- State v. . RhodesSupreme Court of North Carolina · 1868
3Cited by4 opinions
- State v. MahaleyCourt of Appeals of North Carolina · 1996
- Odum v. RussellSupreme Court of North Carolina · 1919
- Price v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1912
- State v. FultonSupreme Court of North Carolina · 1908