1250

LAWS OF MARYLAND

[Ch. 252

12.

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 shall be
guilty of a felony and shall be sentenced to [confinement
in the Maryland Penitentiary] IMPRISONMENT for not less
than two years or more than ten years; every person
convicted of the crime of an assault with intent to
murder shall be guilty of a felony and shall be sentenced
to [confinement in the Maryland Penitentiary]
IMPRISONMENT for not less than two years nor more than
fifteen 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
[confinement in the penitentiary] IMPRISONMENT for [the
period of his natural life, or he shall be sentenced to
confinement in the penitentiary for] not less than two
years not 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, 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 is hereby amended shall be
construed or held to [effect]AFFECT or control any
violation of this section occurring prior to [June] JULY
1, [1949] 1975, or the prosecution thereof, but each such
violation and prosecution thereof shall be governed by
the provisions of the section as it read and was in
effect at the time such violation occurred.

337.

Every person, his counsellors, aiders or abettors, who
shall be convicted of the crime of kidnapping and
forcibly or fraudulently carrying or causing to be
carried out of or within this State any person, except in
the case of a person under eighteen years of age, by a
parent thereof, with intent to have such person carried
out of or within this State, or with the intent to have
such person concealed within the State or without the
State, shall be guilty of a felony and shall be sentenced
to [death or to] the penitentiary for not more than
thirty years[,in the discretion of the court].

338.