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NC General Statutes

N.C. Gen. Stat. § 14-31 (2026)

Maliciously assaulting in a secret manner

✓ current as of July 2026
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If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the person so assaulted may have been conscious of the presence of his adversary, he shall be punished as a Class E felon. (1887, c. 32; Rev., s. 3621; 1919, c. 25; C.S., s. 4213; 1969, c. 602, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1137; 1994, Ex. Sess., c. 24, s. 14(c).)

 

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1945–2026 · leading case: State v. Lyons, 412 S.E.2d 308 (N.C. 1991).
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State v. Lyons, 412 S.E.2d 308 (N.C. 1991). · cites it 48× “N.C.G.S. § 14-31 (1986) (emphasis added).”
State v. Hill, 214 S.E.2d 67 (N.C. 1975). · cites it 21× “The felony described in G.S. § 14-31 is often referred to as malicious secret assault *74 and battery with a deadly weapon (secret assault).”
State v. Almond, 435 S.E.2d 91 (N.C. Ct. App. 1993). · cites it 12× “Lastly, Justice Whichard examined the wording of N.C.G.S. § 14-31 to show that Diaz was appropriate.”
United States v. Vann, 660 F.3d 771 (4th Cir. 2011). · cites it 2× “Just as in Hartness , wherein we concluded that the offense of indecent liberties may be proved by several different acts, a violation of N.C.G.S. § 14-31 may be proved by showing an assault and battery upon one or more victims.”
State v. Lewis, 164 S.E.2d 177 (N.C. 1968). · cites it 6× “The 1955 indictment on which defendant was tried is based on G.S. § 14-31, which provides: "If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person,…”
State v. Jewell, 409 S.E.2d 757 (N.C. Ct. App. 1991). · cites it 4× “In Puckett this Court held that it was error to aggravate an assault conviction by finding that the offense was committed by "lying in wait," where "lying in wait" is an element of the separate but joinable offense of maliciously assaulting in a secret manner, G.S. § 14-31, an…”
State v. Waddell, 194 S.E.2d 19 (N.C. 1973). · cites it 2× “" (Emphasis added) Does Furman invalidate G.S. § 14-31 in its entirety or invalidate only the discretionary proviso, leaving death as the mandatory punishment for rape in North Carolina? A look at history is necessary to put the question in proper perspective.”
State v. Holcombe, 691 S.E.2d 740 (N.C. Ct. App. 2010). · cites it 6× “N.C. Gen. Stat. § 14-31 (2007). The crime of maliciously assaulting in a secret manner (“malicious secret assault”) consists of five elements: (1) secret manner, (2) malice, (3) assault and battery, (4) deadly weapon, and (5) intent to kill.”
State v. Wright, 708 S.E.2d 112 (N.C. Ct. App. 2011). · cites it 2× “Defendant was indicted for secret assault under N.C. Gen. Stat. § 14-31 : If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the…”
State v. Lyons, 401 S.E.2d 776 (N.C. Ct. App. 1991). · cites it 4× “*783 § 14-31. Therefore, as in Diaz , the jury's verdict is fatally ambiguous because it cannot be determined whether all the jurors found defendant assaulted Douglas, all found he assaulted Preston, all found both offenses, or some found one offense while some found the other…”
State v. Puckett, 312 S.E.2d 207 (N.C. Ct. App. 1984). · cites it 2× “N.C. Gen. Stat. § 14-31 . Maliciously assaulting in a secret manner.”
United States v. Rodney Vinson, 794 F.3d 418 (4th Cir. 2015). · cites it 2× “, N.C. Gen. Stat. Ann. § 14-31 (making it unlawful to “maliciously commit [in a secret manner] an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person” (emphasis added)); State v.”
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