Gazette Of The United States & Evening Advertiser

The Legislature of this state, with a view to soften the rigor of penal laws, have passed an act, declaring that no crime except murder of the first degree, shall be punished with death. Murder in the first degree, is designated to be, a killing by means of poison, by lying in wait, or with other kind of wilful, deliberate, premeditated intention, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary. All other kinds of killing shall be deemed murder in the second degree. The kind of murder to be ascertained by the verdict of a jury.

Persons liable to be prosecuted for petit treason shall be proceeded against and, punished as in other cases of murder.

Murder in the first degree is punished with death. High treason is punished with confinement in prison and the penitentiary house, not less than 6, nor more than 12 years—Arson, with confinement not less than 5 nor more than 12 years—Rape, not less than 10, nor more than 21 years —Murder of the second degree, not less than 5, nor more than 18 years—Forgery, not less than 4, nor more than 15 years, with payment of a fine, not to exceed 1000 dollars—maiming, not less than 2 nor more than 10 years, with a fine not to exceed 1000 dollars—manslaughter, not less than 2 nor more than 10 years, and giving security for good behavior during life. Persons being charged with involuntary man-slaughter, the Attorney-General, with leave of the court, may waive the felony, and proceed against them as for a misdemeanor, and give in evidence any act of man-slaughter—or the attorney may charge both offences in the same indictment, and the jury may acquit the person of one or both. The benefit of clergy is for ever abolished.