Chap. 337.—An ACT to amend and re-enact section 4767 of the Code of Virginia,

as heretofore amended, relating to how attempts to commit offenses punished.
[H B 260]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That section
forty-seven hundred and sixty-seven of the Code of Virginia, as here-
tofore amended, be amended and re-enacted so as to read as follows:

Section 4767. How attempts to commit offenses punished—Every
person who attempts to commit an offense, and in such attempt does
any act towards its commission, shall, when not otherwise provided, be
punished as follows: If the offense attempted be punishable with death,
the person making such attempt shall be confined in the penitentiary
not less than one nor more than ten years, except that attempts to
commit rape, other than rape not punishable with death, shall be pun-
ishable with death, or in the discretion of the jury, or the court trying
the case without a jury, by confinement in the penitentiary for life or
for any term not less than three years ; if the offense attempted be a non-
capital felony, he shall be confined in the penitentiary not less than one
nor more than five years, or in the discretion of the jury or the judge
trying the case, by confinement in jail not to exceed twelve months,
if it be punishable by confinement in jail or fine, he shall be confined
in jail not exceeding six months or fined not exceeding one hundred
dollars ; but if the attempt be to commit grand or petit larceny, he shall

be fined or imprisoned in jail, in the discretion of the jury, or of the
court trying the case without a jury, not less than fifteen days nor more
than six months.