Chap. 0203 An Act providing for the punishment of persons guilty of murder in the first degree by imprisonment ln state prison for life in certain cases.
Be it enacted, etc., as follows:
Chapter 265 of the General Laws is hereby amended bjl striking out section 2, as appearing in the Tercentenary] Edition, and inserting in place thereof the following see-] tion: - Section 2. Whoever is guilty of murder in the] first degree shall suffer the punishment of death, unless thel jury shall by their verdict, and as a part thereof, upon andl after consideration of all the evidence, recommend thatj the sentence of death be not imposed, in which case he shall be punished by imprisonment in the state prison for life.1 No such recommendation shall be made by a jury or recorded! by the court if the murder was committed in connection! with the commission of rape or an attempt to commit rape.1 Whoever is guilty of murder in the second degree shall bel punished by imprisonment in the state prison for life. In! no event shall a person convicted of murder in the first! degree be eligible for parole.        Approved April 8, 1951.