West Virginia Code § 61-2-10

Assault during commission of or attempt to commit a felony; penalty
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If any person in the commission of, or attempt to commit a felony, unlawfully shoot, stab, cut
or wound another person, he shall be guilty of a felony and, upon conviction, shall, in the
discretion of the court, either be confined in the penitentiary not less than two nor more
than ten years, or be confined in jail not exceeding one year and be fined not exceeding
$1,000. e

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