Chap. 0204 An Act relating to the trial of indictments for capital crimes.

Be it enacted, etc., as follows:

Section two of chapter three hundred and seventy-nine of the acts of the year eighteen hundred and ninety-one is hereby amended by striking out in the fourth line, the word "three", and inserting in place thereof the words: - two or more, -and by striking out in the same liue,
the word "sitting", and inserting in place thereof the word:-term, - and by inserting in the fifth line, after the word "therefor", the words:-and in case of the death or disability of one of the justices sitting in such trial any other justice of said court may sit in the place of the justice so deceased or disabled,-so as to read as follows : - Section 2. In capital cases all proceedings except the trial of indictments may be had before a single justice. The trial of an indictment for a capital crime shall be before two or more justices, cither at a regular term or at any time specially assigned therefor, and in case of the death or disability of one of the justices sitting in such trial any other justice of said court may sit in the place of the justice so deceased or disabled. Upon such trial exceptions may be alleged and taken as in other criminal cases, and may be entered and determined either at the law sitting of the supreme judicial court held for the county in which they arise, or, upon the order of the justices before whom the trial is had, at the law sitting of the supreme judicial court for the Commonwealth. After a decision upon exceptions, the judgment may be entered and sentence passed, or preliminary proceedings for a new trial may be had in the superior court held by a single justice. Approved April 5, 1S04.