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Penal Code – Offences Against the Person, §31. If any person shall assault and beat another with a cowhide, stick or whip, and shall, at the same time, have in his possession a pistol or other deadly weapon, with the intent to intimidate and prevent the person so beaten from defending himself, such person shall, on conviction, be sentenced to imprisonment in the penitentiary, for a term not less than two nor more than twenty years.