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Of Offences Against the Person, [Assault and Battery and Attempt to Commit Crime,] § 4628. If any person assaults and beats another with a cowhide, stick, or whip, having a the time in his possession a pistol or other deadly weapon, with intent to intimidate the person assaulted, and prevent him from defending himself, he shall, on conviction, be imprisoned in the penitentiary not less than two nor more than ten years.