NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 602

HOUSE BILL 681

AN ACT TO REVISE AND CLARIFY THE LAW RELATING TO FELONIOUS ASSAULTS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 14-31 is rewritten to read as follows: "G.S. 14-31. Maliciously assaulting in a secret manner. If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the person so assaulted may have been conscious of the presence of his adversary, he shall be guilty of a felony punishable by a fine or imprisonment for not less than one (1) nor more than twenty (20) years, or both such fine and imprisonment."

Sec. 2.  G.S. 14-32 is rewritten to read as follows: "G.S. 14-32. Assault with a deadly weapon or firearm with intent to kill or inflicting serious injury: punishments. (a) Any person who assaults another person with a firearm or other deadly weapon of any kind with intent to kill and inflict serious injury is guilty of a felony punishable under G.S. 14-2.

"(b)      Any person who assaults another person with a firearm or other deadly weapon per se and inflicts serious injury is guilty of a felony punishable by a fine or imprisonment for not more than five (5) years, or both such fine and imprisonment.

"(c)       Any person who assaults another person with a firearm with intent to kill is guilty of a felony punishable by a fine or imprisonment for not more than five (5) years, or both such fine and imprisonment."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of May, 1969.