WVC 61 - 2 - 10
§61-2-10. Assault during commission of or attempt to commit a
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 one thousand dollars.