CHAPTER 402

CRIMES AND PUNISHMENTS

AN ACT TO AMEND CHAPTER 149 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, BY PROVIDING THAT THE COURT MAY UPON A RECOMMENDATION OF MERCY BY THE JURY REDUCE THE PENALTY THEREFOR AND BY FURTHER PROVIDING THAT IT SHALL BE LAWFUL FOR THE JURY TO FIND A VERDICT OF GUILTY OF ASSAULT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 149 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out all of 5166 Section 10 and inserting in lieu thereof the following:

"5166, Section 10. Whoever shall commit the crime of rape, or who shall carnally know and abuse a female child under the age of seven years, shall be deemed guilty of felony and shall suffer death; provided, however, that if the jury at the time of rendering their verdict, shall recommend the defendant to mercy, the Court shall impose a sentence of life imprisonment or for any period not less than three years, instead of death.

Upon the trial of any person for rape, it shall be lawful for the jury to find a verdict of guilty of assault against the person indicted, if the evidence shall warrant such finding; and when such verdict shall be found, the Court shall have power to impose a fine and imprisonment, or either, according to the discretion of the Court."