West Virginia Supreme Court October 23, 1934, 7903 (State v. Mowery)

Maxwell, Judge:

Defendant was granted a writ of error to a judgment of the circuit court of Pendleton County, on a verdict of guilty, returned on an indictment charging him with having “unlawfully and feloniously” assaulted Neufer Eye.

Our statute, Code 1931, 61-2-9, creates two felony offenses — malicious assault and unlawful assault.