1264 LAWS OF MARYLAND. [CH. 722
CHAPTER 722.
(House Bill 732)

AN ACT to repeal and re-enact with amendments Section 13
of Article 27 of the Annotated Code of Public General Laws
of Maryland (1939 Edition), title "Crimes and Punish-
ments", sub-title "Assault With Intent to Murder, Ravish
or Rob", providing that the jury before whom any person
indicted for the crime of an assault with intent to commit
rape shall be tried, if they find such person guilty thereof,
may add to their verdict the words "without capital punish-
ment" in which case the sentence of the court shall not
exceed twenty years in the Penitentiary and providing that
nothing in this Act shall be construed to interfere with
any prosecution for any violation of this section happening
previous to June 1, 1941.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, that Section 13 of Article 27 of the Annotated Code of
Public General Laws of Maryland (1939 Edition), title
"Crimes, and Punishments", sub-title "Assault With Intent
to Murder, Ravish or Rob", be and it is hereby repealed and re-
enacted with amendments to read as follows:

13. Every person convicted of the crime of an assault with
Intent to rob, murder or have carnal knowledge of a female
child under the age of fourteen years, shall be sentenced to
confinement in the Maryland Penitentiary for not less than
two years or more than ten years; and every person convicted
of the crime of an assault with intent to commit a rape shall
be punished with death, or, in the discretion of the Court, he
shall be sentenced to confinement in the Penitentiary for the
period of his natural life, or he shall be sentenced to con-
finement in the Penitentiary for not less than two years
nor more than twenty years; provided, however, that the jury
before whom any person indicted for the crime of an assault
with intent to commit a rape shall be tried, if they find such
person guilty thereof, may add to their verdict the words
"without capital punishment", in which case the sentence of
the court shall not exceed twenty years in the Penitentiary,
and in no case where a jury shall have rendered a verdict in
manner and form as hereinbefore prescribed, "without capital
punishment", shall the court, in imposing the sentence, sen-
tence the convicted party to pay the death penalty or to be
confined for more than twenty years in the Penitentiary; and
nothing in this section shall be construed to interfere with any
prosecution that has or may hereafter be commenced for any