“SEC. 7. Assault with deadly weapon without intent to kill:
Every person who commits any assault upon the person of another, with any deadly or dangerous weapon, or who unlawfully shoots or attempts to shoot at another with any kind of fire-arms, with intent to injure any person, without intent to kill such person or to commit any felony, shall be punished upon conviction, by imprisonment in the State’s prison not exceeding five years.
SEC. 8. Assault with deadly weapon with intent to kill:
Every person who unlawfully shoots or attempts to shoot at another, with any kind of fire-arms, with intent to kill any person; or who commits any assault upon another by means of any deadly weapon, or by such other means of force as was likely to produce death, with intent to kill any other person, shall, upon conviction, be punishable by imprisonment in the State’s prison not exceeding ten years.”
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Public Laws of the State of North Carolina, Passed by the General Assembly at Its Session 1868-‘69, to Which Are Prefixed the Constitution of the State and a Register of State Officers, Members of the General Assembly and Judiciary: With the Auditor’s Statement of the Public Revenue and Expenditure (Raleigh, NC: M. S. Littlefield, 1869), 407-408. Chapter 167—An Act in Relation to Punishment, §§ 7-8. Ratified April 10, 1869.