reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-11 - Subpoenas for witnesses

The first process, in all criminal causes, and in all courts, to compel the attendance of a witness, shall be a subpoena, directed to the sheriff or to some proper officer of the county where the witness may reside, stating the time and place for the appearance of the witness, the parties to the cause, and the party at whose instance the witness is subpoenaed. The names of the witnesses, if there be not exceeding six of them, residing in the same county, shall be inserted in the same subpoena.
Codes, Hutchinson's 1848, ch. 60, art. 1(102); 1857, ch. 61, art. 194; 1871, § 761; 1880, § 1586; 1892, § 3449; 1906, § 3948; Hemingway's 1917, § 2955; 1930, § 3001; 1942, § 1883.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-13 - Issuance of subpoena for witness to give deposition for use in another state

Any commissioner or other person appointed, or to whom a commission may be directed, by any court without the limits of this state, to take the deposition of any witness residing or being in this state, shall have power to issue subpoenas for the witness to be examined, returnable at such time and place as the commissioner or other person may appoint.
Codes, 1857, ch. 61, art. 195; 1871, § 763; 1880, § 1587; 1892, § 3451; 1906, § 3950; Hemingway's 1917, § 2957; 1930, § 3003; 1942, § 1885.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-15 - Subpoena to compel attendance of witness from nearby county during term

If, during the session of any circuit court, there shall be wanted in any case or matter before the court, or before the grand jury, a witness who resides or may be found in any county within the state, and within one hundred (100) miles of the place where the court is being held, such court may order a subpoena or attachment for such witness, directed to the sheriff of the county in which the court is being held. The sheriff shall execute the process according to its command, in the county where such witness may be found, and the service shall be as valid as if effected in the county in which the court is being held. The court may, however, appoint some person not an officer to execute and return such process, whose action in executing it shall be as lawful as if done by the sheriff, and who shall be entitled to the same fees therefor as the sheriff would be entitled to for executing the process.
Codes, 1880, § 1594; 1892, § 3452; 1906, § 3951; Hemingway's 1917, § 2958; 1930, § 3004; 1942, § 1886; Laws, 1936, ch. 250.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-17 - Service of subpoena

Subpoenas shall be served personally as a summons is required to be served, and the person so subpoenaed shall appear.
Codes, 1857, ch. 61, art. 196; 1871, § 764; 1880, § 1588; 1892, § 3453; 1906, § 3952; Hemingway's 1917, § 2959; 1930, § 3005; 1942, § 1887.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-19 - Attachment for non-appearing subpoenaed witness

If any person subpoenaed as a witness shall fail to appear and attend as required, an attachment shall be issued by order of the court or other authority before which he was subpoenaed to appear, returnable at such time as the court or authority may appoint. The court or authority shall, on ordering the attachment, direct whether the witness shall enter into bond for his appearance, and in what sum, and whether with or without sureties, which bond the sheriff, or other officer by whom the attachment is executed, is authorized to take, payable to the state. In case the witness shall appear in answer to the attachment, the court may discharge him therefrom, on good cause shown, or may require him to enter into recognizance or bond for his appearance until discharged, to testify in the cause. In case the witness shall not appear, in pursuance of his recognizance or bond, the same proceedings shall be had as upon the forfeiture of a recognizance in a criminal case.
Codes, Hutchinson's 1848, ch. 60, art. 1(121); 1857, ch. 61, art. 197; 1871, § 765; 1880, § 1589; 1892, § 3454; 1906, § 3935; Hemingway's 1917, § 2960; 1930, § 3006; 1942, § 1888.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-21 - Subpoenaed witness to attend until discharged; scire facias for defaulters

Every witness subpoenaed in any criminal case, shall attend, from day to day, and from term to term without further notice, until discharged by the court or by the party at whose instance he was subpoenaed, and in default thereof he shall be fined by the court not more than five hundred dollars, and a scire facias shall issue thereon, requiring him to appear at the next term of the court, to show cause why the fine should not be made absolute. If cause be not then shown, the fine shall be made final. In criminal cases, the court may cause the witnesses on either side to be bound by bond or recognizance to appear and testify until discharged.
Codes, Hutchinson's 1848, ch. 60, art. 1(103, 105); 1857, ch. 61, arts. 196, 198; 1871, § 766; 1880, §§ 1590, 1591, 1592; 1892, § 3455; 1906, § 3954; Hemingway's 1917, § 2961; 1930, § 3007; 1942, § 1889.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-23 - Witness subpoenaed in vacation to appear before grand jury

Any district attorney or conservator of the peace may apply to the clerk of the circuit court in vacation for writs of subpoena for any witness to attend before the grand jury. It shall be the duty of the clerk to issue all subpoenas thus applied for, and it shall be the duty of all witnesses subpoenaed to attend in obedience to the command of such subpoena. If such witnesses fail to appear, the foreman of the grand jury may apply for and obtain an attachment, as in other cases of defaulting witnesses, and such witnesses shall be liable to all the penalties to which any defaulting witness is subject.
Codes, 1880, § 1678; 1892, § 3456; 1906, § 3955; Hemingway's 1917, § 2962; 1930, § 3008; 1942, § 1890; Laws, 1983, ch. 499, § 27, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-25 - Attachment of subpoenaed witnesses failing to appear before grand jury

In all cases where process to bring witnesses before the grand jury shall be executed, and the witness shall fail to attend, the clerk shall, on the order of the judge or application of the district attorney or any member of the grand jury, issue an attachment for such witness, returnable immediately, or, if the court shall so direct, to the next term. Bond may be required, and fine imposed and proceedings had thereon as in other cases of defaulting witnesses.
Codes, 1880, § 1679; 1892, § 3457; 1906, § 3956; Hemingway's 1917, § 2963; 1930, § 3009; 1942, § 1891.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-27 - Uniform witness attendance law; short title

Sections
99-9-27
through
99-9-35
may be cited as "uniform law to secure the attendance of witnesses from without the state in criminal cases."
Codes, 1942, § 1892; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-29 - Definitions

"Witness" as used in Sections
99-9-27
through
99-9-35
shall include a person whose testimony is relevant and material and desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
"State" as used in Sections
99-9-27
through
99-9-35
shall include any territory of the United States and the District of Columbia.
Codes, 1942, § 1893; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-31 - Summoning witnesses in this state to testify in another state

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
If at a hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where the grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing, and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the summoned witness, after being paid or tendered by some properly authorized person, the sum of ten ($.10) cents a mile for each mile and five ($5.00) dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Codes, 1942, § 1894; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-33 - Witness from another state summoned to testify in this state

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness shall be required. This certificate shall be presented to a judge of a court of record in the county or parish in which the witness is found.
If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state, such judge may direct that such witness be forthwith brought before him, and the judge being satisfied of the desirability of such custody and delivery, for which determination said certificate shall be prima facie proof, may order that said witness be forthwith taken into custody and delivered to an officer of this state, which order shall be sufficient authority to such officer to take such witness into custody and hold him unless and until he may be released by bail, recognizance, or order of the judge issuing the certificate.
If the witness is summoned to attend and testify in this state, he shall be tendered the sum of ten ($.10) cents a mile for each mile and five ($5.00) dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Codes, 1942, § 1895; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-35 - Exemption from arrest and service of process

If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons or order to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons or order.
Codes, 1942, § 1896; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-37 - Uniformity of interpretation

Sections
99-9-27
to
99-9-35
shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them.
Codes, 1942, § 1897; Laws, 1938, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-1 - Jurisdiction of crimes generally

The several courts of justice organized under the constitution and laws of this state, shall possess the sole and exclusive jurisdiction of trying and punishing all persons in the manner prescribed by law, for crimes and offenses committed in this state, except such as are exclusively cognizable by the courts deriving their jurisdiction from the constitution and laws of the United States.
Codes, 1857, ch. 64, art. 240; 1871, § 2750; 1880, § 2990; 1892, § 1328; 1906, § 1400; Hemingway's 1917, § 1148; 1930, § 1175; 1942, § 2418.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-3 - Local jurisdiction; venue; venue regarding indictments returned by state grand jury

(1)
The local jurisdiction of all offenses, unless otherwise provided by law, shall be in the county where committed. But, if on the trial the evidence makes it doubtful in which of several counties, including that in which the indictment or affidavit alleges the offense was committed, such doubt shall not avail to procure the acquittal of the defendant.
(2)
[Repealed 7/1/2024]
The provisions of subsection (1) of this section shall not apply to indictments returned by a state grand jury. The venue of trials for indictments returned by a state grand jury shall be as provided by the State Grand Jury Act. This subsection shall stand repealed from and after July 1, 2024.
Codes, 1857, ch. 64, art. 241; 1871, § 2751; 1880, § 2991; 1892, § 1329; 1906, § 1401; Hemingway's 1917, § 1149; 1930, § 1176; 1942, § 2419; Laws, 1981, ch. 471, § 54; Laws, 1982, ch. 423, § 28; Laws, 1993, ch. 352, § 1; Laws, 1993, ch. 553, § 22; Laws, 1998, ch. 382, § 26; Laws, 1999, ch. 480, § 26; Laws, 2002, ch. 471, § 26; Laws, 2005, ch. 506, § 1; Laws, 2011, ch. 337, § 26, eff. 7/1/2011.
Amended by Laws, 2014, ch. 526, SB 2484, 26, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-5 - Extent of criminal jurisdiction of State of Mississippi

The criminal jurisdiction of the State of Mississippi is hereby extended as follows: Beginning at a point on the Mississippi River where the northern boundary line of the State of Mississippi intersects the thread, or middle of the stream of said river, and extending due west along a line parallel with, and in extension of the northern boundary line of the State of Mississippi to the west bank of said river, thence south along said bank and following the meandering thereof to the southern boundary line of the State of Arkansas, thence east to the thread, or middle of the stream of said river.
Codes, Hemingway's 1917, § 1150; 1930, § 1177; 1942, § 2420; Laws, 1910, ch. 141.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-7 - Concurrent jurisdiction with Arkansas

The State of Mississippi, and her sister state, Arkansas, have concurrent criminal jurisdiction over all the waters, islands, and territory lying opposite them and between the east and west banks of said river and the north boundary line of the State of Mississippi and the south boundary line of the State of Arkansas, at their intersection with the Mississippi River.
Codes, Hemingway's 1917, § 1151; 1930, § 1178; 1942, § 2421; Laws, 1910, ch. 141.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-9 - Jurisdiction of paternity proceedings

The circuit court of the county in which an illegitimate child is born shall have jurisdiction of any action brought under section
97-29-11
, Mississippi Code of 1972. No male person shall be convicted solely on the uncorroborated testimony of the female person giving birth to the child.
Codes, 1942, § 2018.6; Laws, 1964, ch. 341, §§ 1-4 (Para.Para. 1-4).
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-11 - Embezzlement

When an embezzlement is committed it may be prosecuted in the county in which the money or property, or some part thereof, was received or converted by the accused, or in the county in which he was under obligation to pay over the funds or to deliver up the property.
Codes, 1892, § 1330; 1906, § 1402; Hemingway's 1917, § 1157; 1930, § 1182; 1942, § 2425.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-13 - Kidnapping

Every person who shall be accused of kidnapping may be indicted and tried either in the county where the offense may have been committed, or in any county into or through which any person so kidnapped or confined shall have been taken while under such confinement.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3(28); 1857, ch. 64, art. 187; 1871, § 2650; 1880, § 2898; 1892, § 1331; 1906, § 1403; Hemingway's 1917, § 1158; 1930, § 1183; 1942, § 2426.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-15 - Offenses commenced out of and consummated in state

Where an offense is commenced out of this state and consummated in it, or where an offense is consummated in this state by any means or agency proceeding from a person out of this state, the person so commencing such offense or putting in operation such means or agency, although out of the state at the time such offense was actually consummated, shall be liable to indictment and punishment therefor in the county in which the offense was consummated.
Codes, 1857, ch. 64, art. 242; 1871, § 2752; 1880, § 2992; 1892, § 1332; 1906, § 1404; Hemingway's 1917, § 1159; 1930, § 1184; 1942, § 2427.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-17 - Offenses commenced in and consummated out of state

Where an offense is commenced in this state and consummated out of it, either directly or by the accused or by any means or agency procured by or proceeding from him, he may be indicted and tried in the county in which such offense was commenced or from which such means or agency proceeded.
Codes, 1857, ch. 64, art. 243; 1871, § 2753; 1880, § 2993; 1892, § 1333; 1906, § 1405; Hemingway's 1917, § 1160; 1930, § 1185; 1942, § 2428.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-19 - Offenses committed partly in one county and partly in another

When an offense is committed partly in one county and partly in another, or where the acts, effects, means, or agency occur in whole or in part in different counties, the jurisdiction shall be in either county in which said offense was commenced, prosecuted, or consummated, where prosecution shall be first begun.
Codes, 1857, ch. 64, art. 244; 1871, § 2754; 1880, § 2994; 1892, § 1334; 1906, § 1406; Hemingway's 1917, § 1161; 1930, § 1186; 1942, § 2429.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-21 - Occurrence in one jurisdiction causing death in another

Where the mortal stroke or other cause of death occurs or is given or administered in one county, and the death occurs in another county, the offender may be indicted and tried in either county; and so, also, if the mortal stroke or cause of death occur or be given or administered in another state or country and the death happen in this state, the offender may be indicted and tried in the county in which the death happened.
Codes, 1857, ch. 64, art. 246; 1871, § 2756; 1880, § 2996; 1892, § 1335; 1906, § 1407; Hemingway's 1917, § 1162; 1930, § 1187; 1942, § 2430.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-23 - Stolen property carried into state or carried from one county to another

Where property is stolen in another state or country and brought into this state, or is stolen in one county in this state and carried into another, the offender may be indicted and tried in any county into or through which the property may have passed, or where the same may be found.
Codes, 1857, ch. 64, art. 245; 1871, § 2755; 1880, § 2995; 1892, § 1336; 1906, § 1408; Hemingway's 1917, § 1163; 1930, § 1188; 1942, § 2431.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-25 - Aiding, encouraging or causing commission of crime within state by person while out of state

A person who being out of this state causes, aids, advises or encourages any person to commit a crime or public offense within this state and is afterwards found within this state shall be punished in the same manner as if he had been within this state when he caused, aided, advised or encouraged the commission of such crime or public offense.
Codes, 1942, § 2431.5; Laws, 1964, ch. 335, eff. 6/11/1964.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-27 - Former acquittal or conviction in another jurisdiction

Every person charged with an offense committed in another state, territory, or country may plead a former conviction or acquittal for the same offense in such other state, territory, or country; and, if such plea be established, it shall be a bar to any further proceedings for the same offense here.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2(6); 1857, ch. 64, art. 4; 1871, § 2881; 1880, § 2997; 1892, § 1337; 1906, § 1409; Hemingway's 1917, § 1164; 1930, § 1189; 1942, § 2432.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-29 - Acquittal for variance between indictment and proof or on exception to form

Where a defendant is acquitted of a criminal charge upon trial on the ground of a variance between the indictment and proof, or upon exception to the form or substance of the indictment or record, he may be tried and convicted upon a subsequent indictment for the offense actually committed, notwithstanding such acquittal; and it shall be the duty of the court to order the accused into the custody of the proper officer.
In all cases of acquittal on the ground of variance between the indictment and proof, the jury, in rendering its verdict, shall so certify.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 1 (5), (6); 1857, ch. 64, arts. 5, 6; 1871, §§ 2882, 2883; 1880, §§ 2998, 2999; 1892, §§ 1338, 1339; 1906, §§ 1410, 1411; Hemingway's 1917, §§ 1165, 1166; 1930, §§ 1190, 1191; 1942, §§ 2433, 2434.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-31 - Acquittal on the merits

When a defendant is acquitted on the merits of his case, and not on any ground stated in Section
99-11-29
such acquittal shall be a bar to any subsequent accusation for the same offense, notwithstanding any defect in the record, or in the form or substance of the indictment upon which such acquittal was had.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 1(5); 1857, ch. 64, art. 6; 1871, § 2883; 1880, § 2999; 1892, § 1339; 1906, § 1411; Hemingway's 1917, § 1166; 1930, § 1191; 1942, § 2434.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-33 - Acquittal or conviction by justice of the peace for misdemeanor not to bar prosecution for felony

The acquittal or conviction of a person by a justice of the peace, or a county court on a charge of being guilty of a misdemeanor, shall not be a bar to a prosecution for a felony in the same matter; but thereafter, on indictment for the felony, if the accused be acquitted thereof, he shall not be convicted of the constituent misdemeanor; and, if convicted of the felony, the court may moderate the sentence so as not to punish for the constituent misdemeanor.
Codes, 1880, § 3000; 1892, § 1340; 1906, § 1412; Hemingway's 1917, § 1167; 1930, § 1192; 1942, § 2435; Laws, 1928, ch. 43.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-35 - No acquittal for defects of form

A person shall not be acquitted or discharged in a criminal case, before verdict, for any irregularity or informality in the pleadings or proceedings; nor shall any verdict or judgment be arrested, reversed or annulled after the same is rendered, for any defect or omission in any jury, either grand or petit, or for any other defect of form which might have been taken advantage of before verdict, and which shall not have been so taken advantage of.
Codes, Hutchinson's 1848, ch. 65, art. 2(65); 1857, ch. 64, art. 7; 1871, § 2884; 1880, § 3001; 1892, § 1341; 1906, § 1413; Hemingway's 1917, § 1168; 1930, § 1193; 1942, § 2436.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-37 - Cognizance and jurisdiction of crimes committed in particular district in Harrison County or Hinds County

(1)
In Harrison County, a county having two (2) judicial districts, all crimes and misdemeanors shall be cognizable only in the proper court of the district in which the offense may be committed, and such court shall have jurisdiction of the same.
(2)
In Hinds County, a county having two (2) judicial districts, all crimes and misdemeanors committed in Hinds County shall be cognizable in the court of either judicial district of the county, and such court shall have jurisdiction of the same. Any and all proceedings may be conducted in either judicial district.
Codes, 1942, § 2910-16; Laws, 1962, ch. 257, § 16; Laws, 1993, ch. 352, § 2, eff. 3/16/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 11 - JURISDICTION AND VENUE (§§ 99-11-1 — 99-11-39) › Section 99-11-39 - Transmittal of records on change of venue or transfer or removal of trial in Harrison County or Hinds County

(1)
In Harrison County, a county having two (2) judicial districts, in all criminal cases where the venue thereof shall be changed, or the trial transferred or removed from one district to the other, the original papers, together with certified copies of all motions, orders and decrees made and entered in such suits, proceedings, matters and cases, shall be transmitted, transferred and filed by the proper clerk to and in his office at the proper place to which such change of venue or transfer shall be made.
(2)
In Hinds County, a county having two (2) judicial districts, in all criminal cases where the venue thereof may be changed, or the trial transferred or removed from one district to the other, the original papers, together with certified copies of all motions, orders and decrees made and entered in such suits, proceedings, matters and cases, may be transmitted, transferred and filed by the proper clerk to and in his office at the proper place to which such change of venue or transfer may be made.
Codes, 1942, § 2910-18; Laws, 1962, ch. 257, § 18; Laws, 1993, ch. 352, § 3, eff. 3/16/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-1 - Definition of "person with an intellectual disability."

The term "person with an intellectual disability," within the meaning of this chapter, shall have the same meaning as the term "person with an intellectual disability" in Section
41-21-61
.
Codes, Hemingway's 1921 Supp. § 5728b; 1930, § 7269; 1942; § 6764; Laws, 1920, ch. 210; Laws, 1984, ch. 472, § 1; Laws, 2008, ch. 442, § 34; Laws, 2010, ch. 476, § 81, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-3 - Disposition of offender who is insane or a person with an intellectual disability brought before conservator of the peace

When any prisoner or any person charged with a crime or delinquency is brought before any conservator of the peace, and in the course of the investigation it appears that the person was insane when the offense was committed and still is insane, or was a person with an intellectual disability to such an extent as not to be responsible for his or her act or omission at the time when the act or omission charged was made, he shall not be discharged, but the conservator of the peace shall remand the prisoner to custody and immediately report the case to the chancellor or clerk of the chancery court, whose duty it shall be to proceed with the case according to the law provided for persons with mental illness or persons with an intellectual disability.
Codes, 1880, § 3139; 1892, § 1466; 1906, § 1538; Hemingway's 1917, § 1300; Hemingway's 1921 Supp, § 5728x; 1930, §§ 1325, 7287; 1942, §§ 2573, 6777; Laws, 1920, ch. 210; Laws, 2008, ch. 442, § 35; Laws, 2010, ch. 476, § 82, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-5 - Disposition of an accused who grand jury has found to be insane or a person with an intellectual disability

When any person is held in prison or on bail, charged with an offense, and the grand jury does not find a true bill for reason of insanity of the accused or for reason that the accused has an intellectual disability, which they judge to be such that he or she was not responsible for his acts or omissions at the time when the act or omission charged was committed or made, the grand jury shall certify the fact to the circuit court and shall state whether or not the insane person or person with an intellectual disability is a danger to the security of persons and property and the peace and safety of the community, and if the grand jury reports that insanity or intellectual disability and that danger, the court shall immediately give notice of the case to the chancellor or to the clerk of the chancery court, whose duty it shall be to proceed with the insane person and his estate or the person with an intellectual disability according to the law provided in the case of persons with mental illness or persons with an intellectual disability.
Codes, 1871, § 2878; 1880, § 3140; 1892, § 1467; 1906, § 1539; Hemingway's 1917, § 1301; Hemingway's 1921 Supp, § 5728x; 1930, §§ 1326, 7287; 1942, §§ 2574, 6777; Laws, 1920, ch. 210; Laws, 2008, ch. 442, § 36; Laws, 2010, ch. 476, § 83, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-7 - Acquittal for insanity; presumption of continuing mental illness and dangerousness of person acquitted on ground of insanity; challenge to presumption; hearing; right to counsel

(1)
When any person is indicted for an offense and acquitted on the ground of insanity, the jury rendering the verdict shall state in the verdict that ground and whether the accused has since been restored to his sanity and whether he is dangerous to the community. If the jury certifies that the person is still insane and dangerous, the judge shall order him to be conveyed to and confined in one of the state psychiatric hospitals or institutions.
(2)
There shall be a presumption of continuing mental illness and dangerousness of the person acquitted on the ground of insanity. The presumption may be challenged by the person confined to the state psychiatric hospital or institution and overcome by clear and convincing evidence that the person has been restored to sanity and is no longer dangerous to the community. The court ordering confinement of the person to a state psychiatric hospital or institution shall conduct the hearing to determine whether the person has been restored to sanity and is no longer dangerous to the community. The person shall have the right to counsel at the hearing and if the person is indigent, counsel shall be appointed. The provisions of this subsection shall not apply to a person found by the jury to have been restored to sanity and no longer a threat to the community.
Codes 1930, §§ 1327, 1328; 1942, § 2575; Laws, 1932, ch. 237; Laws, 2008, ch. 442, § 37; Laws, 2010, ch. 440, § 1, eff. 3/29/2010.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-9 - Acquittal on the ground of having an intellectual disability

When any person is indicted for an offense and acquitted on the ground of having an intellectual disability, the jury rendering the verdict shall state in the verdict that ground and whether the accused constitutes a danger to life or property and to the peace and safety of the community. If the jury certifies that the person with an intellectual disability is dangerous to the peace and safety of the community or to himself or herself, the circuit court shall proceed with the person according to the law provided in the case of persons with an intellectual disability, the person with an intellectual disability himself being remanded to custody to await the further action of the circuit court.
Codes, Hemingway's 1921 Supp, § 5728x; 1930, § 7287; 1942, § 6777; Laws, 1920, ch. 210; Laws, 2008, ch. 442, § 38; Laws, 2010, ch. 476, § 84, eff. 4/1/2010.
Amended by Laws, 2024, ch. 479, HB 1088,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 13 - INSANITY PROCEEDINGS (§§ 99-13-1 — 99-13-11) › Section 99-13-11 - Mental examination of person charged with felony; cost

In any criminal action in which the mental competency of a person charged with a felony is in question, the circuit or county court or judge in vacation on motion duly made by the defendant or the district attorney, or on the motion of the court or judge, may order the person to submit to a mental examination by a competent psychiatrist or psychologist selected by the court to determine his ability to make a defense; any cost or expense in connection with such mental examination shall be paid by the county in which the criminal action is pending.
Codes, 1942, § 2575.5; Laws, 1960, ch. 262; Laws, 1997, ch. 474, § 1; Laws, 1997, ch. 433, § 1, eff. 7/1/1997.
Amended by Laws, 2019, ch. 468, SB 2328,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-1 - Conservators of peace; defined

The judges of the Supreme, circuit and chancery courts and of the court of appeals are conservators of the peace throughout the state, and each judge of the county court and every justice court judge is such within his county.
Codes, 1857, ch. 64, art. 328; 1871, § 2821; 1880, § 3112; 1892, § 1460; 1906, § 1533; Hemingway's 1917, § 1295; 1930, § 1320; 1942, § 2568; Laws, 1996, ch. 385, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-3 - Conservators of peace; power to take bonds and recognizances; forfeiture

Any conservator of the peace has power to take all manner of bonds and recognizances from persons charged on affidavit with crimes and offenses, for their appearance in the circuit court to answer thereto, as well as for crimes and offenses committed in their presence. If any person fail to give bond or enter into recognizance, with the sureties prescribed, when required to do so by a conservator of the peace, he shall be committed to the county jail, there to remain until he comply or be otherwise discharged by due course of law. Every bond or recognizance so taken shall be returned to the circuit court before its next term. If any person so bound fail to appear in the circuit court, his bond or recognizance shall be adjudged forfeited, and otherwise proceeded with as provided by law.
Codes, 1857, ch. 64, art. 328; 1871, § 2821; 1880, § 3112; 1892, § 1460; 1906, § 1533; Hemingway's 1917, § 1295; 1930, § 1320; 1942, § 2568.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-5 - Conservators of the peace; arrest and commitment of offenders

Any conservator of the peace may, upon a finding of probable cause, by warrant issued under his hand, cause any person charged on affidavit with having committed, or with being suspected of, any offense against the law, to be arrested and brought before him, or before some other conservator of the peace in the proper county. On examination, the conservator of the peace shall commit the offender to jail if the offense be not bailable, and if it be bailable and the offender fail to find bail.
Codes, 1857, ch. 64, art. 329; 1871, § 2822; 1880, § 3113; 1892, § 1461; 1906, § 1534; Hemingway's 1917, § 1296; 1930, § 1321; 1942, § 2569; Laws, 1982, ch. 470, eff. 4/20/1982.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-7 - Conservators of the peace; prosecutor and witnesses may be required to give bond

The conservator of the peace may require the prosecutor and witnesses appearing before him, in any case of examination for felony or other crime, to enter into bond or recognizance, in such sum as he may deem proper, with or without security, as he may think the interest of justice to demand, for their appearance to prosecute or give evidence touching the offense, before him on further examination or in the circuit court; and, in default of such bond or recognizance, he may commit the defaulter to jail until he give bail or be otherwise discharged by due course of law.
Codes, 1857, ch. 64, art. 330; 1871, § 2823; 1880, § 3114; 1892, § 1462; 1906, § 1535; Hemingway's 1917, § 1297; 1930, § 1322; 1942, § 2570.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-9 - Conservators of the peace; subpoenas

A conservator of the peace, in all examinations had before him for offenses, may issue a subpoena to any county, and compel obedience thereto.
Codes, 1857, ch. 64, art. 334; 1871, § 2827; 1880, § 3117; 1892, § 1464; 1906, § 1536; Hemingway's 1917, § 1298; 1930, § 1323; 1942, § 2571.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-11 - Conservators of the peace; search warrant for stolen property

Any conservator of the peace, on the affidavit of a credible person, may issue a search warrant and cause stolen or embezzled goods to be seized; but the affidavit and warrant must specify the goods to be seized and the person or place to be searched.
Codes, Hutchinson's 1848, ch. 64, art. 1(28); 1857, ch. 64, art. 331; 1871, § 2824; 1880, § 3115; 1892, § 1469; 1906, § 1541; Hemingway's 1917, § 1303; 1930, § 1329; 1942, § 2576.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-13 - [Repealed]

Repealed by Laws, 1980, ch. 555, § 9, eff. 7/1/1980.
Codes, 1930, § 1363; 1942, § 2610; Laws, 1926, ch. 165; 1964, 1st Ex Sess ch. 22, § 1.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-15 - Appointment of counsel for indigents

When any person shall be charged with a felony, misdemeanor punishable by confinement for ninety (90) days or more, or commission of an act of delinquency, the court or the judge in vacation, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel to defend him.
Such appointed counsel shall have free access to the accused who shall have process to compel the attendance of witnesses in his favor.
The accused shall have such representation available at every critical stage of the proceeding against him where a substantial right may be affected.
Codes, 1942, § 2505-01; Laws, 1971, ch. 490, § 2; reenacted without change, Laws, 1999, ch. 375, § 1; reenacted without change, Laws, 2000, ch. 332, § 1; reenacted without change, Laws, 2001, ch. 375, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-17 - Compensation of counsel; amount

The compensation for counsel for indigents appointed as provided in Section
99-15-15
, shall be approved and allowed by the appropriate judge and in any one (1) case may not exceed one thousand dollars ($1000.00) for representation in circuit court whether on appeal or originating in said court. Provided, however, if said case is not appealed to or does not originate in a court of record, the maximum compensation shall not exceed two hundred dollars ($200.00) for any one (1) case, the amount of such compensation to be approved by a judge of the chancery court, county court or circuit court in the county where the case arises. Provided, however, in a capital case two (2) attorneys may be appointed, and the compensation may not exceed two thousand dollars ($2,000.00) per case. If the case is appealed to the state supreme court by counsel appointed by the judge, the allowable fee for services on appeal shall not exceed one thousand dollars ($1000.00) per case. In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out of the general fund of the county in which the prosecution was commenced.
Codes, 1942, § 2505-02; Laws, 1971, ch. 490, § 3; Laws, 1974, ch. 428; Laws, 1980, ch. 444, eff. 10/1/1980.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-19 - Compensation of counsel; reimbursement of county in certain cases

Any county paying counsel fees and expenses incurred on appeal to the supreme court or by virtue of any prosecution charging the commission of a crime on the premises of the Mississippi State Penitentiary or the commission of a crime by any escapee therefrom, may request reimbursement of all such payments from the state treasurer. The state auditor shall issue his warrant, based upon a voucher sent by the treasurer of any county entitled to such reimbursement together with a certification that such sums have been allowed and paid. The state treasurer shall pay the amount of any such reimbursement out of any funds in the state treasury appropriated for such purpose.
Codes, 1942, § 2505-02; Laws, 1971, ch. 490, § 3, eff. 4/5/1971.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-21 - Compensation of counsel; method of payment

All compensation and reimbursements allowed by the judge shall be made on the basis of an itemized statement as to time and nature of work and the expense incurred by the appointed counsel. The attorney general shall prepare and make available the proper form for the itemized statement which is to be submitted to the appropriate judge by the attorney or attorneys. Compensation and reimbursements authorized by Sections
99-15-15
through
99-15-21
shall be allowed only in cases in which the appointment is made subsequent to April 5, 1971. In all cases in which counsel have been appointed prior to said date, compensation shall be allowed in the same manner and to the same extent as provided by law at the time such appointment was made.
Codes, 1942, § 2505-03; Laws, 1971, ch. 490, § 4, eff. 4/5/1971.