HERBERT R. O'CONOR, GOVERNOR. 439
CHAPTER 402.
(Senate Bill 42)

AN ACT to repeal and re-enact, with amendments, Section 13
of Article 27 of the Annotated Code of Maryland (1939
Edition), title "Crimes and Punishments", sub-title "Assault
With Intent to Murder, Ravish or Rob", as said section
was amended by Chapter 722 of the Acts of 1941, providing
that persons convicted of the crime of assault with intent to
have carnal knowledge of a female under 14 years of age, or
with intent to rob, murder or rape, shall be guilty of a
felony.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 13 of Article 27 of the Annotated Code of
Maryland (1939 Edition), title "Crimes and Punishments",
sub-title "Assault With Intent to Murder, Ravish or Rob", as
said section was amended by Chapter 722 of the Acts of 1941,
be and it is hereby repealed and re-enacted, with amendments,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 have carnal knowledge of a female child under the
age of 14 years, or with intent to rob or murder, shall be guilty
of a felony and 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 guilty
of a felony and shall be punished with death, or, in
the discretion of the Court, he shall be sentenced to confine-
ment in the Penitentiary for the period of his natural life, or
he shall be sentenced to confinement in the Penitentiary for
not less than two years nor more than twenty years; pro-
vided, 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, sentence the convicted party to pay the
death penalty or to be confined for more than twenty years in
the Penitentiary. Nothing in this Section as hereby amended
shall be construed or held to affect or control any violation of
this Section occurring prior to June 1, 1943, or the prosecution
thereof, but each such violation and prosecution thereof shall