MARVIN MANDEL, Governor

1253

If any person shall carnally know and abuse any woman
child under the age of fourteen years, or knowingly
carnally know and abuse any woman who is an imbecile, non
compos mentis or insane, of: any age whatever, every such
carnal knowledge shall be deemed felony, and the offender
being convicted thereof shall at the discretion of the
court suffer [death or] imprisonment [for life] in the
peniteniary[, or for a definite period,] FOR not less
than eighteen months nor more than [twenty-one years.]
THE PERIOD OF HIS NATURAL LIFE.

616.

(A)    [In] EXCEPT AS PROVIDED IN SUBSECTION (B) , IN
any indictment for murder or manslaughter, or for being
an accessory thereto, it shall not be necessary to set
forth the manner or means of death. It shall be
sufficient to use a formula substantially to the

following effect: "That A. B., On the ..... day of

..... nineteen hundred and ...... at the county

aforesaid, feloniously (wilfully and of deliberately
premeditated malice aforethought) did kill (and murder)
C. D. against the peace, government and dignity of the
State."

(B)    IN ANY INDICTMENT FOR MURDER IN WHICH THE
STATE SEEKS THE IMPOSITION OF THE DEATH PENALTY, THE
INDICTMENT SHALL SET FORTH A CONCISE AND DEFINITE
STATEMENT OF THE OFFENSE. THIS PORTION OF THE INDICTMENT
SHALL BE A SEPARATE CHARGE AND MAY NOT BE A PART OF ANY
OTHER COUNT OR CHARGE. IT IS SUFFICIENT TO USE A FORM
SUBSTANTIALLY AS FOLLOWS:

"THAT A.B. ON THE ...... DAY OF ...... NINETEEN

HUNDRED AND ........ AT THE COUNTY AFORESAID,

FELONIOUSLY, WILFULLY AND OF DELIBERATELY PREMEDITATED
MALICE AFORETHOUGHT, DID MURDER CD. AGAINST THE PEACE,
GOVERNMENT AND DIGNITY OF THE STATE; THAT HE IS THE
PERSON WHO ACTUALLY COMMITTED AN ACT WHICH PROXIMATELY
CAUSED THE VICTIM'S DEATH; THAT AT THE TIME OF THE
COMMISSION OF THE ACT, HE WAS 18 YEARS OF AGE OR OLDER;
AND THAT THE MURDER WAS COMMITTED UNDER THE FOLLOWING
CIRCUMSTANCE:

(STRIKE IF NOT APPLICABLE)

(1)    AT THE TIME OF THE MURDER, THE DEFENDANT
WAS CONFINED OR UNDER SENTENCE OF CONFINEMENT TO A
CORRECTIONAL INSTITUTION IN THIS STATE;

(2)    THE DEFENDANT COMMITTED THE MURDER     IN
FURTHERANCE OF AN ATTEMPT TO ESCAPE FROM OR EVADE   THE
LAWFUL CUSTODY, ARREST, OR DETENTION OF OR BY A     LAW
ENFORCEMENT OFFICER, (CORRECTIONAL OFFICER), (GUARD);