CHAPTER 124

RELATING TO CAPITAL PUNISHMENT

AN ACT TO AMEND CHAPTER 39, TITLE 11, DELAWARE CODE RELATING TO THE SENTENCE IN CAPITAL CASES IN WHICH THE JURY RECOMMENDS MERCY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3901, Title 11, Delaware Code is amended to read as follows:

§ 3901. Recommendation of Mercy

In all cases where the penalty for crime prescribed by the laws of this State is or may be death, if the jury, at the time of rendering their verdict, recommend the defendant to the mercy of the Court, the Court shall impose the sentence of life imprisonment instead of death. The penalty provisions of § 781 of this Title shall not be affected by this Section.

Approved June 5, 1957.