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Session Laws, 1951
Volume 603, Page 739   View pdf image (33K)
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THEODORE E. MCKELDIN. GOVERNOR 739

484. Punishment of death must be inflicted within the
walls of the building hereinafter provided [; and shall
not be executed earlier than thirty days after the sentence
is pronounced].

SEC. 2. And be it further enacted, That a new section
be and it is hereby added to Article 27 of the Annotated
Code of Maryland (1939 Edition), title "Crimes and
Punishments, " sub-title "Death Penalty, " said new section
to be known as Section 487 A and to follow immediately
after Section 487 thereof, and to read as follows:

487A. (a) When a person is sentenced to the punish-
ment of death, the judge or judges presiding in the court
shall, at the time of passing sentence, make out, sign and
issue a warrant directed to the Warden of the Maryland
Penitentiary, stating the conviction and sentence find ap-
pointing a week within which the sentence must be exe-
cuted, and commanding the said Warden to execute the
sentence upon some day within the week so appointed. If
a proceeding is instituted in any federal court or in any
court of this State or before any judge thereof to test the
validity of the conviction, other than by an appeal to the
Court of Appeals of Maryland, the warrant shall remain
in full force and effect unless the court, or a judge there-
of, in which or before whom such proceeding is instituted,
shall pass an order revoking the warrant. In any case in
which a stay of execution has resulted by reason of an
appeal to the Court of Appeals of Maryland after com-
pliance with the requirements of Section 86 of Article 5
of the Code, and the judgment has been affirmed, and in
any case in which the warrant has been revoked by the
order of & court in a proceeding to test the validity of the
conviction and the conviction has not been set aside, the
judge or judges, or one of them, who imposed the sentence,
or the judge or judges, or one of them, then presiding in
the trial court in which the sentence was imposed shall
make out, sign and issue another warrant of execution in
the manner and to the effect hereinbefore prescribed.

(b) If, after medical examination, it shall appear to the
satisfaction of the Governor that a female defendant, sen-
tenced to the punishment of death, is pregnant, the Gov-
ernor shall revoke the warrant previously issued for the
execution of the defendant. As soon as the Governor is
satisfied that such female defendant is no longer preg-
nant, he shall issue forthwith his warrant appointing a
week within which the sentence must be executed.



 

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Session Laws, 1951
Volume 603, Page 739   View pdf image (33K)
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