reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-13 - Participant informed of possible criminal sentence; consequences of failure to perform community service sentence

Upon sentencing to the community service restitution program, the judge shall instruct the defendant as to what the sentence would have been had he or she not been placed in the community service restitution program, and shall inform the defendant as to consequences of failure to perform the community service sentence.
Laws, 1983, ch. 447, § 7; reenacted, Laws, 1987, ch. 367, § 7, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-15 - Written agreement between program participant and department of corrections

If the court imposes the community service sentence, a written agreement shall be immediately executed by the defendant and the Department of Corrections representative. The agreement shall contain such provisions and conditions as the Department of Corrections and the court shall deem just and appropriate.
Laws, 1983, ch. 447, § 8; reenacted, Laws, 1987, ch. 367, § 8, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-17 - Failure to complete sentence; consequences

Upon failure to complete the community service sentence, the case shall be restored to the court calendar for resentencing and a warrant for the arrest of the defendant shall immediately be issued.
Laws, 1983, ch. 447, § 9; reenacted, Laws, 1987, ch. 367, § 9, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-19 - Availability of program

This alternative method of punishment shall be available only in circuit court districts where the Department of Corrections Commissioner certifies that such a program exists, can be enforced and that space is available in such program.
Laws, 1983, ch. 447, § 10; reenacted, Laws, 1987, ch. 367, § 10, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-1 - Warrant for arrest of fugitives

Any conservator of the peace, upon complaint on oath made before him, or on other satisfactory evidence, that any person within this state has committed treason, felony, or other crime in some other state or territory, and has fled from justice may issue a warrant for the arrest of such person as if the offense had been committed in this state.
Codes, 1880, § 3120; 1892, § 1470; 1906, § 1542; Hemingway's 1917, § 1304; 1930, § 1330; 1942, § 2577.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-3 - Bail

If it shall appear to the conservator of the peace before whom the fugitive shall be brought, that there is reasonable cause to believe that the complaint is true, he shall, if the prisoner would be entitled to bail if the offense had been committed in this state, require him to furnish bail to appear before the circuit court of the county at its next term, and from day to day and term to term until discharged by law. If such person do not give bail with sufficient sureties as required, he shall be committed to jail until he give such bail, or until he be discharged as hereinafter provided. If such person would not be bailable if the offense charged had been committed in this state, he shall be committed to jail to remain until discharged as provided by law.
Codes, 1880, § 3131; 1892, § 1471; 1906, § 1543; Hemingway's 1917, § 1305; 1930, § 1331; 1942, § 2578.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-5 - Bonds to be filed with circuit clerk

Any bond or recognizance taken shall be delivered at once to the clerk of the circuit court before which the party is bound to appear, and, in case of forfeiture, like proceedings shall be had thereon as in other cases.
Codes, 1880, § 3122; 1892, § 1472; 1906, § 1544; Hemingway's 1917, § 1306; 1930, § 1332; 1942, § 2579.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-7 - Committing officer to notify governor

The conservator of the peace bailing or committing such person shall immediately report the fact to the governor of this state.
Codes, 1880, § 3123; 1892, § 1473; 1906, § 1545; Hemingway's 1917, § 1307; 1930, § 1333; 1942, § 2580.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-9 - Appearance before circuit court

If the person bound appear before the circuit court according to his obligation, he shall be discharged by the court, unless he be demanded by some person authorized by the governor of this state to demand him, or unless the court shall commit him if he were improperly admitted to bail, or shall require him to give a new bond or recognizance if his bail be insufficient, or shall order his bond or recognizance at first given to continue in force for a longer time; but any such person may at any time be taken into custody by any person authorized by the governor of this state, and such taking into custody shall be a discharge from any bail he may have given.
Codes, 1880, § 3124; 1892, § 1474; 1906, § 1546; Hemingway's 1917, § 1308; 1930, § 1334; 1942, § 2581.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 21 - FUGITIVES FROM OTHER STATES (§§ 99-21-1 — 99-21-11) › Section 99-21-11 - Person causing arrest liable for costs; deposit or security may be required

The person making complaint to procure the arrest of any person charged with crime in some other state or territory, shall be answerable for all the costs of the arrest and proceedings, and for the jail fees, if the person be committed to jail; and the conservator of the peace applied to may require such deposit of money, or other security for the payment of all costs, charges, and fees in such proceedings, as he thinks reasonable, and may refuse to issue a warrant or commit the person to jail, or do anything in such matter until compliance with the requirement.
Codes, 1880, § 3125; 1892, § 1475; 1906, § 1547; Hemingway's 1917, § 1309; 1930, § 1335; 1942, § 2582.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-1 - Complaint; warrant of arrest; condition of bond

Whenever complaint is made under oath by a credible person to a justice of the peace that any person has threatened to commit an offense against the person or property of another, and such justice is satisfied that there is good reason to fear the commission of such offense, he may issue a warrant to arrest and bring the person complained of before him or some other justice of the peace; and the justice of the peace before whom such person may be brought shall examine into the charge, and if there be just reason to apprehend that such person will commit the offense, he shall be required by the justice to enter into bond in such sum, with such sureties, and for such time not exceeding twelve months, as the justice may prescribe, conditioned to keep the peace toward the person against whom or whose property there is reason to fear the offense may be committed.
Codes, 1880, § 3126; 1892, § 1476; 1906, § 1548; Hemingway's 1917, § 1310; 1930, § 1336; 1942, § 2583.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-3 - Payment of costs

If, on examination, it shall not appear that there is just cause to fear that an offense will be committed by the party complained of, he shall be discharged, and the person who made the complaint shall be taxed with the costs, for which execution may be issued. But if it shall appear that the defendant had threatened to commit an offense, or had so acted as to justify the apprehensions of the person complaining that there was danger of the commission of an offense, the party complained of shall be taxed with the costs of the proceeding, although he may not be required to give bond; and, if he shall be required to furnish bond, he shall be taxed with all costs, for which execution may be issued.
Codes, 1880, § 3127; 1892, § 1477; 1906, § 1549; Hemingway's 1917, § 1311; 1930, § 1337; 1942, § 2584.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-5 - Discharge or commitment of accused

If the bond, when required, be given, and the costs be paid, the person shall be discharged from custody, but otherwise he shall be committed to jail until he shall give such bond and pay the costs, or until the expiration of the time for which he was required to furnish security; and in such case the mittimus must state the cause of the commitment, the amount of bail, and the number of sureties required, the time for which the person is to be bound to keep the peace, and the amount of costs taxed against him. He may at any time procure his discharge by giving the required bond, approved by the sheriff of the county, and paying the costs and the jail fees accrued, if any.
Codes, 1880, § 3128; 1892, § 1478; 1906, § 1550; Hemingway's 1917, § 1312; 1930, § 1338; 1942, § 2585.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-7 - Appeal to circuit court and proceedings therein

Any person aggrieved by a requirement to give security to keep the peace may, at any time while such requirement is in force, appeal to the circuit court, on his application to the justice of the peace and giving bonds as required, with the further condition in the bond that the appellant shall pay all costs, in case it shall be adjudged against him in the circuit court; and thereupon all the papers in the case shall be returned by the justice of the peace to the office of the clerk of the circuit court, and said court shall examine the case anew, and either approve the bond the party gave or discharge him therefrom, or require him to enter a new one to keep the peace, in such sum and for such time not exceeding twelve months, as the court may prescribe, which judgment shall be enforced by committing the party to jail as in other cases of failure to give bail when required, from which he shall be delivered only by giving the required bail, and paying costs and jail fees. But such appeal shall not supersede the judgment requiring a bond to keep the peace, until such judgment shall be reversed by the circuit court.
Codes, 1880, § 3129; 1892, § 1479; 1906, § 1551; Hemingway's 1917, § 1313; 1930, § 1339; 1942, § 2586.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-9 - Costs in circuit court

The circuit court shall render such judgment for costs on the appeal as may be proper against the appellant and the sureties on his bond.
Codes, 1880, § 3130; 1892, § 1480; 1906, § 1552; Hemingway's 1917, § 1314; 1930, § 1340; 1942, § 2587.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-11 - Judgment after failure to prosecute appeal

If the appellant take an appeal and do not prosecute it, there shall be judgment on the bond for costs if any are due; and such bond shall stand in full force as security to keep the peace.
Codes, 1880, § 3131; 1892, § 1481; 1906, § 1553; Hemingway's 1917, § 1315; 1930, § 1341; 1942, § 2588.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-13 - Certain bonds to be delivered to justice court; proceeding for breach; delivery to circuit court on appeal

When the bond required shall not exceed One Thousand Dollars ($1,000.00), or after July 1, 1986, when such bond shall not exceed Five Hundred Dollars ($500.00), it shall be retained by the justice court and the proceeding upon its breach shall be instituted at the instance of the aggrieved party by the justice court and shall be, as nearly as may be, as provided for such case in the circuit court. Any such bond taken by the sheriff, and not exceeding the amount stated above, shall be delivered to the clerk of the justice court which required it. If the party giving bond takes an appeal to the circuit court, such bond shall be delivered, with the other papers in the case, to the clerk of the circuit court, as in other cases of appeal, although the amount of the bond shall not exceed the amount stated above, and such bond shall thereafter remain in said court, and for any breach thereof may be prosecuted in said court as if the amount of its penalty exceeded the amount stated above.
Codes, 1880, § 3135; 1892, § 1487; 1906, § 1559; Hemingway's 1917, § 1321; 1930, § 1347; 1942, § 2594; Laws, 1981, ch. 471, § 55; Laws, 1982, ch. 423, § 28; Laws, 1985, ch. 478, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-15 - Bonds over two hundred dollars returned to circuit clerk

All bonds taken as provided in this chapter, and exceeding in amount two hundred dollars, shall be returned by the officer taking them to the office of the clerk of the circuit court of the county on or before the first day of the next term of said court, and shall be by such clerk carefully preserved in his office.
Codes, 1880, § 3132; 1892, § 1482; 1906, § 1554; Hemingway's 1917, § 1316; 1930, § 1342; 1942, § 2589.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-17 - Grand jury to inquire and report on breach of bonds

It shall be the duty of the clerk of the circuit court, at each term of court, to deliver to the grand jury all peace bonds that have been filed with him or in his office within two (2) years then next past, which bonds shall be returned by the grand jury to said clerk before its final adjournment. It shall be the duty of the grand jury to inquire into whether or not there has been a breach of said bonds, and to notify the district attorney of any breaches. The grand jury shall examine the person at whose instance the bond was required, if he can be found and examined; and it may examine other witnesses. If it finds that there has been a breach of the bond, it shall furnish the district attorney a list of the witnesses by whom the facts can be established.
Codes, 1892, § 1483; 1906, § 1555; Hemingway's 1917, § 1317; 1930, § 1343; 1942, § 2590; Laws, 1983, ch. 499, § 28, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-19 - District attorney to institute proceedings to forfeit bonds

It shall be the duty of the district attorney whenever informed by the grand jury, or otherwise reliably, of the breach of any peace bond, to institute proceedings thereon as provided in §
99-23-21
.
Codes, 1892, § 1484; 1906, § 1556; Hemingway's 1917, § 1318; 1930, § 1344; 1942, § 2591.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-21 - Proceedings to collect forfeited bonds

The mode of proceeding in the case of a breach of bond shall be by scire facias issued by the clerk of the court, on the order of the court or the district attorney, returnable to the court at its next term, requiring the obligors to show cause why the bond shall not be declared forfeited because of the breach of its condition, which shall be recited in the scire facias. Upon the return of the scire facias executed, or of two of such writs "not found" by the sheriff of the county, if sufficient showing be not made to the contrary, judgment may be rendered on such bonds; but the court may remit any part of the amount of such bond, or the judgment rendered thereon, as may be just and reasonable.
Codes, 1880, § 3133; 1892, § 1485; 1906, § 1557; Hemingway's 1917, § 1319; 1930, § 1345; 1942, § 2592.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-23 - What constitutes breach of bond; proof

Any offense committed on the person or property of another toward whom the party may have been bound to keep the peace, shall constitute a breach of such bond, which breach may be shown by the record of the conviction of the party of the offense, or by proof of the commission of the offense where conviction has not been had, on proceeding by scire facias, as above provided.
Codes, 1880, § 3134; 1892, § 1486; 1906, § 1558; Hemingway's 1917, § 1320; 1930, § 1346; 1942, § 2593.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-25 - Sureties may surrender their principal

The sureties of any person bound to keep the peace, may, at any time, surrender their principal to the sheriff of the county in which the principal was bound, under the same rules governing such surrender in criminal cases; and the person surrendered may give a new bond, to be approved by the sheriff, in the same sum and with like sureties as the former, for the residue of the time for which he was bound to keep the peace, and thereupon he shall be discharged.
Codes, 1880, § 3136; 1892, § 1488; 1906, § 1560; Hemingway's 1917, § 1322; 1930, § 1348; 1942, § 2595.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-27 - Person convicted of crime less than felony may be made to give peace bond

Every court before which any person shall be convicted of an offense less than a felony may, in addition to the penalty prescribed by law, require the convict to enter into bond in a reasonable sum, with or without sureties, to keep the peace and to be of good behavior for any time not longer than two years, and may order him to stand committed until such bond be executed; and for any breach thereof it may be proceeded on by scire facias as in other cases.
Codes, 1880, § 3138; 1892, § 1489; 1906, § 1561; Hemingway's 1917, § 1323; 1930, § 1349; 1942, § 2596.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-29 - Form of affidavit to obtain security to keep the peace

"State of Mississippi, ____________________ County.
"Before me, Andrew Sims, a justice of the peace of said county, Sallie Anderson complains on oath that Junius Brown has threatened to beat her (or to tear down her fence, or whatever may be the threatened offense), and she fears he will do as he has threatened, or some other injury to her person or property, and she prays that he may be required to give security to keep the peace toward her.
"Sallie Anderson.
"Sworn to and subscribed before me, the 30th day of November, 1906.
"Andrew Sims, J.P."
Codes, 1892, § 1499; 1906, § 1571; Hemingway's 1917, § 1333; 1930, § 1359; 1942, § 2606.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 23 - PEACE BONDS (§§ 99-23-1 — 99-23-31) › Section 99-23-31 - Form of bond to keep the peace

"We, Junius Brown, principal, and Joseph Thorn and Daniel Alderson, his sureties, agree to pay to the State of Mississippi five hundred dollars, unless the said Junius Brown, shall for six months, keep the peace toward the person and property of Sallie Anderson.
"Witness our signatures, the 1st day of December, 1906.
"Junius Brown,
"Joseph Thorn,
"Daniel Alderson.
"Approved by me, 1st day of December, 1906.
"Andrew Sims, J.P. ____________________ County."
Codes, 1892, § 1500; 1906, § 1572; Hemingway's 1917, § 1334; 1930, § 1360; 1942, § 2607.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-1 - Forms provided

Proceedings may be in accordance with the forms set forth in this chapter, where applicable.
Codes, 1892, § 1490; 1906, § 1562; Hemingway's 1917, § 1324; 1930, § 1350; 1942, § 2597.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-3 - Affidavit charging crime of murder

"The State of Mississippi, ____________________ County.
"Before me, Andrew Sims, a justice of the peace of the said county, David Owens makes oath that John Jones, on or about the 8th day of July, A.D. 1906, in said county, did feloniously, wilfully, and of malice aforethought, kill and murder Timothy Anderson, against the peace and dignity of the State of Mississippi.
"David Owens.
"Sworn to and subscribed before me, the 9th day of July, 1906. "Andrew Sims, J.P. "
Codes, 1892, § 1491; 1906, § 1563; Hemingway's 1917, § 1325; 1930, § 1351; 1942, § 2598.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-5 - Warrant

"The State of Mississippi.
"To any lawful officer of ____________________ County:
"We command you forthwith to take the body of John Jones, charged with murder in the County of ____________________, and bring him before the undersigned, a justice of the peace of said county, for examination on said charge.
"Witness my hand, the 9th day of July, 1906.
"Andrew Sims, J.P."
Codes, 1892, § 1492; 1906, § 1564; Hemingway's 1917, § 1326; 1930, § 1352; 1942, § 2599.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-7 - Mittimus where bail is denied

"The State of Mississippi.
"To the sheriff of ____________________ County:
"We command you to receive and safely keep in jail John Jones, without bail, to answer to the State of Mississippi on a charge of murder, committed in said county, and not bailable according to the judgment of the undersigned, a justice of the peace of said county, before whom said charge has been examined.
"Witness my hand, the 10th day of July, 1906.
"Andrew Sims, J.P."
Codes, 1892, § 1493; 1906, § 1565; Hemingway's 1917, § 1327; 1930, § 1353; 1942, § 2600.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-9 - Mittimus where bail is allowed and not given

"The State of Mississippi.
"To the sheriff of ____________________ County:
"We command you to receive and safely keep in jail John Jones, to answer the State of Mississippi on a charge of manslaughter, committed in said county, as appears by the judgment of the undersigned, a justice of the peace of said county, on an examination thereof, unless the said John Jones shall furnish bail, with sufficient sureties, to be approved by you, in the sum of two thousand five hundred dollars, for his appearance before the circuit court of said county to answer said charge, at its next term and thereafter, until discharged by law, whereupon you shall release him.
"Witness my hand, the 10th day of July, 1906.
"Andrew Sims, J.P."
Codes, 1892, § 1494; 1906, § 1566; Hemingway's 1917, § 1328; 1930, § 1354; 1942, § 2601.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-11 - Entry on docket

"The State of Mississippi
v. Charged with murder.
John Jones.
"Affidavit made 9th July, 1906, and warrant issued for accused same day. July 10th, 1906, accused brought before me and examination of said charge was had, and the accused was required to furnish bail, with sureties, in the sum of two thousand five hundred dollars, for his appearance before the circuit court to answer the charge of manslaughter, and he gave bail as required, with Cyrus Drane and Virgil Field as his sureties, and was thereupon discharged (or, failing to give bail as required, he was committed to jail, or he was committed to jail to be held without bail, as the case may be)."
Codes, 1892, § 1495; 1906, § 1567; Hemingway's 1917, § 1329; 1930, § 1355; 1942, § 2602.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-13 - Proceedings certified to circuit court

"The State of Mississippi
v. Charged with murder.
John Jones.
"The said accused having been brought before the undersigned, a justice of the peace of ____________________ County, for examination of said charge, and I, the undersigned justice of the peace, having heard the testimony of the following witnesses touching said charge, viz.: ____________________ found the said accused should be held to await the action of the grand jury.
"And said John Jones was committed to jail without bail (or was required to give bail, with sureties, in the sum of two thousand five hundred dollars for his appearance before the circuit court of said county to answer the charge of manslaughter, and, having given bail as required, was discharged accordingly).
"State of Mississippi, ____________________ County.
"I, Andrew Sims, a justice of the peace of said county, certify that the foregoing pages correctly represent the proceedings had and taken before me, on the ____________________ day of July, 1906, in the matter therein stated.
"Andrew Sims, J.P."
Codes, 1892, § 1496; 1906, § 1568; Hemingway's 1917, § 1330; 1930, § 1356; 1942, § 2603.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-15 - Affidavit to obtain search warrant

"State of Mississippi, ____________________ County.
"Before me, Andrew Sims, a justice of the peace of said county, Edward Nolly makes oath that, on or about the ____________________ day of ____________________ 1906, in the said county, a box of candles and a case of brogan shoes, the property of affiant, of the value of one hundred dollars were feloniously stolen, taken, or carried away; and affiant suspects Samuel Miller as the person guilty of said crime, and has reason to believe and does believe that the said stolen articles, or some of them, are now concealed in or about the dwelling house, or outhouses connected therewith, of the said Samuel Miller, in said county; and affiant prays a search warrant to search said premises, and seize the said goods if found, and also the body of said Samuel Miller, to be disposed of according to law.
"Edward Nolly.
"Sworn to and subscribed before me, the ____________________ day of ____________________, 1906.
"Andrew Sims, J.P."
Codes, 1892, § 1497; 1906, § 1569; Hemingway's 1917, § 1331; 1930, § 1357; 1942, § 2604.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-16 - Affidavit to obtain search warrant upon oral testimony for computer crime investigations of sex offenses against children

(1)
The provisions of this section shall only apply to search warrants issued in relation to computer crime investigations for sex offenses against children who are less than eighteen (18) years old involving a computer defined in Section
7-5-59(1)(a)
.
(2)
If circumstances make it reasonable to dispense, in whole or in part, with a written affidavit, a judge who is authorized to issue search warrants may issue a warrant based upon sworn testimony communicated by telephone or other appropriate means, including facsimile transmission.
(3)
The person who is requesting the warrant shall prepare a document to be known as a "duplicate original warrant" and shall read such duplicate original warrant verbatim to the issuing judge. The judge shall enter what is so read on a document to be known as the "original warrant." The issuing judge may direct that the warrant be modified.
(4)
If the judge is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and the grounds for the application exist or that there is probable cause to believe that they exist, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.
(5)
When a telephone caller informs the judge that the purpose of the telephone call is to request a warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for the warrant. The judge shall record by electronic means or a voice recording device the call after the caller informs the judge that the purpose of the call is to request a warrant. Following the call, the judge shall have the recording transcribed, shall certify the accuracy of the transcript and shall file a copy of the recording and transcript with the court.
(6)
The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit.
(7)
The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
Added by Laws, 2022, ch. 424, SB 2246,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 25 - FORMS (§§ 99-25-1 — 99-25-17) › Section 99-25-17 - Search warrant and capias

"The State of Mississippi.
"To any lawful officer of ____________________ County:
"Oath having been made before the undersigned, a justice of the peace of said county, that a box of candles and a case of brogan shoes, the property of Edward Nolly, on or about the ____________________ day of ____________________ 1906, in said county, were feloniously taken, stolen, and carried away and that suspicion rests on Samuel Miller as guilty of said crime, and affiant has reason to believe and does believe that the said stolen articles, or some of them, are concealed in or about the dwelling house, or outhouses connected therewith, of the said Samuel Miller, in said county:
"We command you, with the necessary assistance, to enter into the said dwelling house of Samuel Miller, and the outhouses connected therewith, and there diligently search for the said goods and chattels; and if the same, or any part thereof, be found, that you bring them, and also the body of said Samuel Miller, forthwith before the undersigned, or some other justice of the peace, to be disposed of according to law.
"Witness my hand, the ____________________ day of ____________________, 1906.
"Andrew Sims, J.P."
A search warrant may be only to search for stolen goods, and omit the command to arrest the person.
Codes, 1892, § 1498; 1906, § 1570; Hemingway's 1917, § 1332; 1930, § 1358; 1942, § 2605.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-1 - Petition to subpoena witnesses having knowledge of violations

When any officer or five or more reputable citizens of any county shall file a petition with any mayor or justice of the peace of any county stating that they have reason to believe, and do believe, that a certain person or persons have knowledge touching a violation of the criminal law against the sale, barter, or possession of intoxicating liquors, or the unlawful keeping of the same, and who shall deposit sufficient money to cover the estimated cost of the proceedings or give bond to secure the same, such mayor or justice of the peace shall forthwith issue a subpoena returnable instanter, or on a day certain not later than five days, for such witnesses as may be named in said petition to appear before him at the time and place specified to answer all questions which may be propounded to him. If any witness who has been summoned shall fail to appear and testify, the mayor or justice of the peace may issue an attachment returnable before him at such time and place as he may designate, and said mayor or justice of the peace shall have full power to fine and imprison for contempt any witness failing to appear or refusing to testify, as well as for any other contempt.
Codes, 1906, § 1752; Hemingway's 1917, § 2091; 1930, § 1981; 1942, § 2620; Laws, 1900, ch. 106.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-3 - Taking testimony and filing for delivery to grand jury

When said mayor or justice shall be ready to take the testimony of a witness or witnesses so summoned he may do so on private examination or in public, or he may admit such persons as he may deem advisable, but all the testimony so taken shall be in writing and subscribed to under oath administered by said justice, and any witness swearing falsely shall be guilty of and punished for perjury. The testimony so taken shall be filed with the circuit clerk of the county on or before the first day of the circuit court thereafter, and by such clerk delivered to the foreman of the grand jury.
Codes, 1906, § 1753; Hemingway's 1917, § 2092; 1930, § 1982; 1942, § 2621.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-5 - Grand jury not prevented from making investigation

The taking of such testimony by such mayor or justice shall not prevent the grand jury from making a thorough investigation of any matter inquired into before such justice of the peace, nor shall the same in any way bar any criminal prosecution not finally disposed of and punished by such justice of the peace.
Codes, 1906, § 1754; Hemingway's 1917, § 2093; 1930, § 1983; 1942, § 2622.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-7 - Duty of mayor or justice of the peace to issue warrant for offender

If, on investigation before such mayor or justice of the peace, it shall appear that any person has violated the law against unlawful retailing or giving away of intoxicating liquors, or that any person is unlawfully keeping intoxicating liquors, it shall be the duty of such mayor or justice of the peace, upon affidavit being made, to issue his warrant for the person or persons supposed to be guilty and dispose of the same as other criminal prosecutions before a mayor or justice of the peace under the laws of the state.
Codes, 1906, § 1755; Hemingway's 1917, § 2094; 1930, § 1984; 1942, § 2623.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-9 - Statement not limited to proof of single violation at trial

On the trial of all prosecutions for the violation of law by the sale or giving away of liquors, bitters, or drinks, the state shall not be confined to the proof of a single violation, but may give evidence in any one or more offenses of the same character committed anterior to the day laid in the indictment or in the affidavit, and not barred by the statute of limitations; but in such case, after conviction or acquittal on the merits, the accused shall not again be liable to prosecution for any offense of the same character committed anterior to the day laid in the indictment or in the affidavit.
Codes, 1892, § 1596; 1906, § 1762; Hemingway's 1917, § 2098; 1930, § 1986; 1942, § 2625.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-11 - Seizure and destruction of intoxicating liquors and appliances permitted; writ of seizure for vehicles, etc

No property rights shall exist in any person, natural or artificial, or be vested in them in any intoxicating liquors or intoxicating drinks prohibited by Chapter 31 of Title 97, Mississippi Code of 1972 or this chapter from being manufactured, or distilled, or sold, or possessed, nor shall any property rights exist in such persons of stills, fixtures, furniture, vehicles, automobiles or other motor-power means of transportation, or in boats, ships, or other water craft, or air-craft or any other articles, when such articles are being kept or used, directly or indirectly, as means and appliances to violate the provisions of said chapters, and all such things may be seized by any sheriff, or other lawful officer of this state and destroyed and rendered useless without any formal order of the court, and may be searched for and seized under the laws of this state. But all vehicles, conveyances, or other means of transportation above described, kept and used in handling of liquor or otherwise violating the provisions of said chapters may be first seized by such sheriff, or other lawful officer, who shall immediately make complaint under oath before the proper officer, or court, stating the facts connected with said seizure by him, giving the name or names of the person or persons found in possession or control of each article taken that was being used in transportation as well as the intoxicating liquors, or drinks and appliances or other articles seized and taken by him, and also giving the name of the owner of each article, if the same is known to him. Whereupon the said officer or court shall summon into his court all interested parties and may issue a writ of seizure, if said property, or any part of it is not in the possession of said officer, for the seizure of any of said property and the summoning of the interested parties into court, as in proceedings for the enforcement of purchase price liens against property.
Codes, Hemingway's 1921 Supp. § 2163e; 1930, § 1979; 1942, § 2618; Laws, 1918, ch 189.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-15 - Affidavit for search warrant; contents of warrant; service and return

Upon the affidavit of any credible person that he has reason to believe and does believe:
(1)
That intoxicating liquor is being stored, kept, owned, controlled, or possessed, in violation of the laws of the state, at any designated place or within any designated receptacle, which place is to be stated in the affidavit; or
(2)
that intoxicating liquor is being sold or offered for sale contrary to law at any designated place; or
(3)
that liquor is being manufactured or distilled, or attempted to be manufactured or distilled at any designated place, in violation of the laws of the state; or
(4)
that intoxicating liquor is being transported, attempted to be transported within the state at or over or through any designated place, contrary to the laws of the state, it shall be the duty of any justice of the peace of the county or county judge, or the judge of the circuit court of the district or the chancellor of the district in which the place is situated, to issue a search warrant, directed to the sheriff or any constable of the county, or if in a municipality, to the sheriff or any constable or marshal or policeman therein, commanding him to proceed in the day or night time, to enter by breaking if necessary, and to diligently search any building, room in a building, outhouses, place, wagon, cart, buggy, automobile, motorcycle, motor truck, water or air craft or other vehicle, as may be designated in the affidavit, and to seize said intoxicating liquor, and any wagon, buggy, cart, automobile, motorcycle, motor truck, water or air craft or other vehicle used or attempted to be used in the transporting of the same, or any still or distillery or integral part of the same including appliances, vessels and equipment pertaining thereto used in making or manufacturing or attempting to make or manufacture said intoxicating liquor, and to hold the same until disposed of by law, and to arrest the person, or persons in possession and control of the same.
The writ shall be returnable instanter or on a day stated and a copy shall be served on the owner or person in possession if such person be present or readily found.
Codes, 1930, § 1975; 1942, § 2614; Laws, 1924, ch. 244.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-17 - Affidavit for search warrant; form

The form of affidavit may be as follows:
Affidavit for search warrant.
"State of Mississippi,
____________________ County.
This day personally appeared before me, the undersigned officer of said county, ____________________ of said county, who is known to be a credible person, who upon his oath says that he has reason to believe, and does believe, that intoxicating liquor is being (strike out any of the following not to be sworn to):
(1)
Stored, kept, owned, controlled or possessed for purposes of sale in violation of law,
(2)
Sold or offered for sale in violation of law,
(3)
Manufactured or distilled, in violation of law,
(4)
Attempted to be manufactured or distilled in violation of law,
(5)
Attempted to be transported in violation of law, in the residence, outhouses, barns, stalls, smokehouses, crib, and in the field, yard, and garden and woods near the residence of ____________________ in the ____________________ district of said ____________________ County, Mississippi, and on Section ____________________ Township ____________________, Range ____________________ in said ____________________ County, Mississippi, and more particularly described as follows:
____________________
____________________
____________________
in violation of the laws of the state of Mississippi.
And that intoxicating liquor is being transported and attempted to be transported in a wagon, cart, automobile, or other vehicle along the public road in said county known as ____________________ public road, in violation of the laws of said state of Mississippi. And this belief is not feigned of malice against ____________________ who is believed to be guilty of said violations, but is founded on credible information.
Wherefore, affiant prays a search warrant directing a search of the above mentioned places and things, and seizure of the intoxicating liquor, stills, or integral parts thereof, and of the vehicles and receptacles used and employed in the concealment and transportation thereof, and the arrest of the said ____________________ and any other person or persons in charge, possession or control, guilty of violating the prohibition laws of the state.
____________________ Affiant.
Sworn to and subscribed before me, the ____________________ day of ____________________ 2____________________.
(Official title)"
Codes, 1930, § 1977; 1942, § 2616; Laws, 1924, ch. 244.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-21 - Search of motor vehicles, etc. and seizure of liquor without warrant

It shall be the duty of any sheriff or constable of a county, or any sheriff, constable or marshal, or policeman in a municipality who has reason to believe and does believe that intoxicating liquor is being transported in violation of law, in any wagon, cart, buggy, automobile, motorcycle, motor truck, water or air craft, or any other vehicle, forthwith to make a reasonable search of such vehicle and to seize any intoxicating liquor so found being transported or being attempted to be transported in violation of law and at once to arrest the person or persons in possession or control thereof and transporting or attempting to transport same in violation of law; and such officer or officers proceeding in good faith shall not be liable either civilly or criminally for such a search and seizure without a warrant, so long as said search and seizure is conducted in a reasonable manner, it appearing that the officer or officers had reason to believe and did believe that the prohibition laws of the State of Mississippi were being violated at the time such search was instituted. And the officers making such search shall be a competent witness, or witnesses, to testify as to all facts ascertained, and discoveries made, by means of said reasonable search, and all liquor, and all appliances for its manufacture or transportation, so seized shall be admitted in evidence. But this section shall not authorize the search of a residence or home or room or building or the premises belonging to or in the possession lawfully of the party suspected, without a search warrant.
Codes, 1930, § 1976; 1942, § 2615; Laws, 1924, ch. 244.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 27 - PROCEEDINGS FOR INTOXICATING BEVERAGE OFFENSES (§§ 99-27-1 — 99-27-45) › Section 99-27-23 - Clubs, boats, places where liquor found may be abated as nuisance

Except as authorized in Section
67-1-51(1)
, any club, vessel or boat, place or room where liquors are found, kept or possessed on any boat or vessel used in any of the waters of this state in conveying any intoxicating liquors or any person with intoxicating liquor in their possession or under their control into or in this state shall be deemed to be a common nuisance and may be abated by writ of injunction issued out of a court of equity upon a bill filed in the name of the state by the attorney general or any district or county attorney whose duty requires him to prosecute criminal cases on behalf of the state, in the county where the nuisance is maintained, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists. And all rules of evidence and the practice and procedure that pertain to courts of equity generally in this state may be invoked and applied in any injunction procedure hereunder. Upon the abatement of any such place as a nuisance the person found to be the possessor or owner of such liquor may be required by the court to enter into a good and sufficient bond in such amount as may be deemed proper by the court, to be conditioned that the obligor therein will not violate any of the prohibition laws of the State of Mississippi for a period not to exceed two years from the date thereof. The failure to make such bond shall be a contempt of court and for such contempt the person or party shall be confined in the county jail until such bond is made, but not longer than two years. Said bond shall be approved by the clerk of the court where the proceedings were had and shall be filed as a part of the record of such case.
Codes, Hemingway's 1921 Supp, § 2163h; 1930, § 2007; 1942, § 2646; Laws, 1918, ch. 189; Laws, 1938, ch. 349.
Amended by Laws, 2018, ch. 382, HB 840,§ 2, eff. 7/1/2018.