Chap. 45.—An ACT to Amend and Re-enact Section ten of Chapter one

hundred and ninety-nine of the Code of 1860, concerning Crimes and
Punishments.

Approved January 30, 1872.

1. Be it enacted by the general assembly, That section ten
of chapter one hundred and ninety nine of the Code of eighteen

) hundred and sixty, concerning crimes and punishments, be

amended and re-enacted so as to read as follows:
“8 10. Every person who attempts to commit an offence, and

, in such attempt does any act towards its commission, but fails

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to commit, or is prevented from committing it, shall, where not
otherwise provided, be punished as follows:

“Tf the offence attempted be punishable with death, the.
person making such attempt shall be confined in the peniten-
tiary not less than one nor more than five years, except that in
cases of attempt to commit rape the term of confinement in
the penitentiary shall be not less than one nor more than
eighteen years.

“Tf it be punishable by confinement in the penitentiary, he

- shall be confined in jail not less than six nor more than twelve

it

months.

“Tf it be punishable by confinement in jail, or fine, he shall
be confined in jail not more than six months, or fined not ex-
ceeding one hundred dollars.”

2. This act shall be in force from its passage.