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.
W. Va. Code § 61-2-10
Assault during commission of or attempt to commit a felony; penalty
Applied in 6 court decisions — leading case 199 W. Va. 111 - State v. Penwell (1997)
Most recently applied in 241 W. Va. 590 - State of West Virginia v. Marcus Stephen Sanders (April 2019)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.