reglab/statecodes huggingface dataset:
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 99-27-25 - Club to forfeit charter; boat may be sold

Any chartered club or incorporated association of persons under the laws of Mississippi that is guilty of violating any of the provisions of Chapter 31 of Title 97, Mississippi Code of 1972 or this chapter or maintains or keeps any such place as hereinabove described, shall forfeit its charter, and such forfeiture may be declared by a proceeding in quo warranto or other appropriate action against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed. Any boat or vessel that is guilty of violating any of the provisions of this section, adjudged or decreed to be a nuisance may also be ordered to be sold, as directed by the court and the proceeds after paying costs, paid into the general fund of the county treasury.
Codes, Hemingway's 1921 Supp, § 2163i; 1930, § 2008; 1942, § 2647; 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 99-27-27 - Common carriers, etc., required to produce books for examination

In the prosecutions of violations of Chapter 31 of Title 97, Mississippi Code of 1972, or this chapter any common carrier, or any other person or transportation agency doing business in the State of Mississippi shall be required to produce any books, documents, or records in its possession or under its control throwing any light upon such prosecution, when commanded by process issued under the authority of this state and shall be required to permit an examination to be made of such by an officer of the state, whose duty it is to prosecute crime, where such information is sought in the aid of any criminal prosecution, or as the means to ferret out criminals or persons charged with or suspected of crime.
Codes, Hemingway's 1921 Supp, § 2163j; 1930, § 2009; 1942, § 2648; 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 99-27-29 - Common carriers, etc. to keep record of alcohol and wine deliveries; inspection by officers; competent evidence at trial

It shall be the duty of every railroad company, express company, or other common carrier, and of every person, firm or corporation, that shall transport any of the alcohol or wine mentioned into the state from any points or places for the purpose of delivery and who shall deliver such alcohol or wine, or either of them, to any person, firm or corporation in this state, to currently keep in a fair and legible hand, or typewritten or otherwise, so that same may be easily read, a record of such alcohol or wine, and of the delivery thereof, which shall set forth the dates on which said alcohol or wine were received and delivered, the names and postoffice address of the consignor and consignee, the place of delivery, and the person to whom delivered and the kind and amount of such alcohol or wine delivered. The record hereinabove required to be kept by common carriers, or persons, firms or corporations making the delivery of said alcohol or wine, or either of them, in this state, shall also be open to the inspection (1) of all officers, (2) of the duly authorized persons seeking information for the prosecution of persons charged with or suspected of crime, and when application is made by any of the said officers or persons for permission to examine and take copies of such record, they shall be allowed to do so during office or business hours, of the persons or corporations keeping such records, and in such reasonable manner as not to interfere with the business of the corporation or person keeping said record. The said record may be secured to be produced in court by any lawful process, issued by any court in this state to be used as evidence, and said record shall be competent evidence upon the trial of any causes whatsoever in any of the said courts, in which the record may be material or relevant to the issues involved.
Codes, Hemingway's 1921 Supp. § 2163r; 1930, § 2018; 1942, § 2657; 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 99-27-31 - Common carriers, etc. to file statement of deliveries with circuit clerk; procedure to compel compliance

It shall be the duty of every railroad company, express company, or other carrier, and of every person, firm or corporation, that shall transport any of the alcohol or wine authorized, and who shall deliver such alcohol or wine or either of them in this state, to file with the clerk of the circuit court of the county in which said alcohol or wine is delivered, a statement, either printed or plainly written, or typewritten on stout paper, correctly stating the date on which the alcohol or wine was delivered, the name and postoffice address of the consignee and consignor, the place of delivery, and to whom delivered, and the kind and amount of such liquors delivered, such statement to be filed within three days after the date of delivery of such liquor. If said statement is in writing, it shall be in a fair and legible hand, and the names of the consignee and the consignor and of the party who obtained delivery shall be truly ascertained and furnished in such way as to avoid mistakes in names. If any person, firm or corporation making delivery shall neglect to file with the circuit clerk such statement or statements, then it shall be the duty of the circuit clerk to make written demand upon such person, firm or corporation, to comply with the requirements of this section, such demand to be served by the sheriff and return made by him to the circuit clerk upon a copy of the original demand. Upon further refusal or noncompliance, it shall be the duty of the circuit clerk to promptly inform the attorney-general of the state of such failure or refusal, and it shall then be the duty of the attorney-general, either himself to file, or to direct and secure some district attorney or county attorney whose duty it is to prosecute crime in the county, to file a suit in the name of the state.
Codes, Hemingway's 1921 Supp, § 2163p; 1930, § 2016; 1942, § 2655; 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 99-27-33 - Circuit clerk to file and record statement; inspection by officers; competent evidence at trial; grand jury to investigate compliance

It shall be the duty of the circuit clerk to immediately file the statement required by Section
99-27-31
, as a part of the records in his office, and to preserve such statement, or statements, for a period of twelve months, after which time they may be destroyed, and (1) permit any sheriff, deputy sheriff, constable, chief of police, or other police officer of a town or city, or any district or county attorney whose duty it is to prosecute crime in the county in which delivery is made, and any other peace officer of the county to inspect the said statement as they may desire at any time the office of said circuit clerk may be open, and especially to permit inspection thereof by any officer, or other duly authorized person seeking information for the prosecution of persons charged with or suspected of crime; and (2) to permit any and all other persons so desiring to inspect the said statements, to do so at any time the office of the circuit clerk may be open, it shall be the further duty of the circuit clerk to give a certified copy of such statement to any of said officers without charge or to any other person requesting or demanding the same upon the payment of lawful fees therefor and the said original statements or certified copies thereof shall be competent evidence upon the trial of any cause whatever in any of the courts of this state in which same may be relevant or material to the issue or issues involved.
Every grand jury shall appoint a committee of three to examine the records of the circuit clerk and investigate whether this section is being complied with and the circuit judge shall charge the grand jury to this effect.
Codes, Hemingway's 1921 Supp, § 2163q; 1930, § 2017; 1942, § 2656; 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 99-27-35 - Venue of prosecutions for unlawful shipment

In all prosecutions under Chapter 31 of Title 97, Mississippi Code of 1972 and this chapter for unlawful shipments of liquors, bitters, or drinks prohibited by the laws of the state to be sold, bartered or otherwise disposed of in this state, the offense shall be held to have been committed in any county of the state through which or into which said liquors have been carried or transported, or in which they have been unloaded, or in which they have been delivered, or conveyed for delivery; and this applies whether the said liquors, bitters and drinks are shipped into the state from outside of the state, or shipped or transported from one point in the state to any other point in the state. The circuit court held in the county from which, through which, or to which such shipments are made, or in which delivery of any such shipment is made, shall have jurisdiction for the trial of such violations of the chapters and the grand jury of such counties shall be vested with inquisitorial powers over violations of the chapters.
Codes, Hemingway's 1921 Supp. § 2163l; 1930, § 2011; 1942, § 2650; 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 99-27-37 - Counties and municipalities may appropriate money to procure evidence of liquor and narcotics violations

The board of supervisors of any county in this state and mayor and board of aldermen, or board of aldermen and councilmen, as the case may be, of any municipality in this state are hereby authorized and empowered to appropriate, from time to time, sums of money, not exceeding one-third (1/3) of the fines which have been collected by them respectively, from the unlawful sale or possession of intoxicating liquors and/or narcotics and/or other illegal drugs, for the purpose of defraying expenses incurred by law enforcement agencies in the procuring of evidence of violations of statutes or ordinances, as the case may be, against the unlawful sale or keeping of intoxicating liquors and/or narcotics and/or other illegal drugs. For the purpose of this section, the word "expenses" shall include, but not be limited to, expenditures related to surveillance, the purchase of investigative equipment, the purchase of samples to be used as evidence, the purchase of information, and the defraying of living expenses of persons specially employed in investigations.
Codes, Hemingway's 1917, § 2124; 1930, § 2002; 1942, § 2641; Laws, 1912, ch. 124; Laws, 1970, ch. 347, § 1; Laws, 1986, ch. 327, eff. 3/14/1986.
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 99-27-39 - Payment by liquor dealers of penalty to state, county, or municipality

Any person who may sell or give away malt, vinous or spirituous liquors unlawfully, or who shall allow the same to be sold or given away at his place of business, for any purpose whatever, or shall knowingly permit any person not interested in or connected with such business to keep and drink or give away at such place of business any vinous, malt or spirituous liquors, shall be subject to pay to the state, county, city, town or village, where the offense is committed, each, the sum of five hundred dollars ($500.00). The state, county, city, town or village, or any taxpayer of the state, county, city, town or village in the name thereof, or the state tax commission, or any tax collector within the county acting for them, may sue for and recover civilly, either jointly or separately, each said sum of five hundred dollars ($500.00); and such civil suit may be commenced by attachment without bond.
Codes, Hemingway's 1917, § 2121; 1930, § 2000; 1942, § 2639; Laws, 1910, ch. 134; Laws, 1912, ch. 256; Laws, 1962, ch. 588, § 16, eff. 1/1/1964.
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 99-27-41 - Concurrent jurisdiction given chancery courts for enforcing section 99-27-39

The chancery court shall have concurrent jurisdiction with courts of law to entertain suits under Section
99-27-39
for the enforcement thereof, instituted by the state, county, or any city, town or village, or by any taxpayer thereof, in the name of the state, county, city, town or village, or by the state tax commission, or by any tax collector within his county acting for them, and the chancery court shall have authority to suppress as a nuisance any place of business where the said section is violated, and by proper judgments and orders, punish and restrain the violators thereof.
Codes, Hemingway's 1917, § 2122; 1930, § 2001; 1942, § 2640; Laws, 1910, ch. 134; Laws, 1962, ch. 588, § 17, eff. 1/1/1964.
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 99-27-43 - Justices of the peace not to suspend sentences

It shall be unlawful for any justice of the peace, with or without condition, to suspend any sentence lawfully imposed under Chapter 31 of Title 97, Mississippi Code of 1972, or this chapter.
Codes, 1930, § 2020; 1942, § 2659; Laws, 1922, ch. 210; Laws, 1950, ch. 348.
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 99-27-45 - Witnesses compelled to testify; disclosure not to be used against witness

No person shall be excused from testifying before the grand jury or on the trial in any prosecution for any violation of this chapter or other law of this state for the promotion of temperance and the suppression of the evils of intemperance; but no disclosure or discovery made by such person is to be used against him in any criminal or penal prosecution for or on behalf of the matters disclosed.
Codes, Hemingway's 1921 Supp, § 2163k; 1930, § 2010; 1942, § 2649; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-1 - [Repealed]

Codes, 1906, § 5056; Hemingway's 1917, § 3333; 1930, § 3473; 1942, § 2667.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-3 - [Repealed]

Codes, 1906, § 5057; Hemingway's 1917, § 3334; 1930, § 3474; 1942, § 2668.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-5 - [Repealed]

Codes, 1906, § 5058; Hemingway's 1917, § 3335; 1930, § 3475; 1942, § 2669; Laws, 1981, ch. 471, § 56, eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-7 - [Repealed]

Codes, 1906, § 5060; Hemingway's 1917, § 3337; 1930, § 3477; 1942, § 2671.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-9 - [Repealed]

Codes, 1906, § 5058; Hemingway's 1917, § 3335; 1930, § 3475; 1942, § 2669.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-11 - [Repealed]

Codes, 1906, § 5059; Hemingway's 1917, § 3336; 1930, § 3476; 1942, § 2670.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 29 - VAGRANCY PROCEEDINGS (§§ 99-29-1 — 99-29-13) › Section 99-29-13 - [Repealed]

Codes, 1906, § 5063; Hemingway's 1917, § 3340; 1930, § 3480; 1942, § 2674.
Repealed by Laws, 2018, ch. 333, HB 668,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 31 - OBSCENE PUBLICATIONS PROCEEDINGS [Repealed] (§ 99-31-1) › Section 99-31-1 - through 99-31-27 - [Repealed]

Repealed by Laws, 1983, ch. 498, § 7, eff. 7/1/1983.
§ 99-31-1. [Codes, 1942, § 2674-01; Laws, 1962, ch. 322, § 1] § 99-31-3. [Codes, 1942, § 2674-02; Laws, 1962, ch. 322, § 2] § 99-31-5. [Codes, 1942, § 2674-04; Laws, 1962, ch. 322, § 4] § 99-31-7. [Codes, 1942, § 2674-05; Laws, 1962, ch. 322, § 5] § 99-31-9. [Codes, 1942, § 2674-06; Laws, 1962, ch. 322, § 6] § 99-31-11. [Codes, 1942, § 2674-07; Laws, 1962, ch. 322, § 7] § 99-31-13. [Codes, 1942, § 2674-08; Laws, 1962, ch. 322, § 8] § 99-31-15. [Codes, 1942, § 2674-09; Laws, 1962, ch. 322, § 9] § 99-31-17. [Codes, 1942, § 2674-10; Laws, 1962, ch. 322, § 10] § 99-31-19. [Codes, 1942, § 2674-11; Laws, 1962, ch. 322, § 11] § 99-31-21. [Codes, 1942, § 2674-13; Laws, 1962, ch. 322, § 13] § 99-31-23. [Codes, 1942, § 2674-14; Laws, 1962, ch. 322, § 14] § 99-31-25. [Codes, 1942, § 2674-15; Laws, 1962, ch. 322, § 15] § 99-31-27. [Codes, 1942, § 2674-16; Laws, 1962, ch. 322, § 16]
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-1 - Criminal jurisdiction

(1)
Upon the election of any county to employ a clerk for the justice court of such county in accordance with the provisions of subsection (3) of Section
9-11-27
prior to January 1, 1984, the venue of criminal actions in such county shall be as provided in subsection (2) of this section.
(2)
From and after January 1, 1984, justice court judges shall have jurisdiction concurrent with the circuit court of the county over all crimes occurring in the county whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail.
(3)
A circuit court grand jury, after an evidentiary determination, may remand any case that may be tried as a felony or misdemeanor, and which it deems should be tried as a misdemeanor, to justice or municipal court to be tried as a misdemeanor.
Codes, 1871, § 1304; 1880, § 2216; 1892, § 2420; 1906, § 2749; Hemingway's 1917, § 2248; 1930, § 2097; 1942, § 1831; Laws, 1981, ch. 471, § 2; Laws, 1982, ch. 423, § 2; Laws, 2007, ch. 495, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-2 - Commencing criminal cases; duties of clerk and judge; penalty for failure of judge to comply

(1)
Anyone bringing a criminal matter in the justice court shall lodge the affidavit with the judge or clerk of the justice court. The clerk shall record all affidavits and shall, as far as practicable, assign criminal cases to the justice court judges in the county on a rotating basis to ensure equal distribution of the cases among the judges of the county; however, in all counties in which the courtrooms provided by the county for use of the justice court judges are located in more than one (1) place in the county, the clerk, in addition to assigning cases to the judges on a rotating basis, may also assign a courtroom for each case, such assignment may be made based upon the proximity of the courtroom to the defendant's residence or place of business.
(2)
When the case has been recorded and assigned and all necessary process issued, the clerk shall, within two (2) working days, forward certified copies of all documents pertaining to the case to the justice court judge to which the case is assigned for further processing.
(3)
Within forty-eight (48) hours of the receipt of any criminal affidavit lodged with a justice court judge, the justice court judge shall forward such affidavit and all documents pertaining thereto to the clerk of the justice court for the recording of such affidavit and documents and the assignment of the case as provided in subsection (1) of this section. Any justice court judge who willfully fails or refuses to comply with this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not more than six (6) months, or both.
Laws, 1981, ch. 471, § 14; Laws, 1982, ch. 423, § 11; Laws, 1991, ch. 551, § 2, eff. 10/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-3 - Procedures in criminal cases; minimum fine which may be imposed

On affidavit of the commission of any crime, of which the justice court has jurisdiction, lodged with the justice court, the clerk shall, upon direction by a justice court judge of the county, issue a warrant for the arrest of the offender returnable forthwith or on a certain day to be named. The clerk, or the justice court judge to whom the case is assigned, shall issue subpoenas for witnesses as in civil cases, and the justice court judge may enter a conviction as provided in Section
99-19-3
, or shall try and dispose of the case according to law; and, on conviction, shall order such punishment to be inflicted as the law provides; provided, however, that no fine imposed shall be in an amount less than Fifteen Dollars ($15.00).
Codes, Hutchinson's 1848, ch. 50, art. 2(8); 1857, ch. 64, art. 329; 1871, § 1322; 1880, § 2217; 1892, § 2421; 1906, § 2750; Hemingway's 1917, § 2249; 1930, § 2098; 1942, § 1832; Laws, 1966, ch. 354, § 1; Laws, 1974, ch. 352; Laws, 1982, ch. 423, § 12; Laws, 2002, ch. 320, § 2, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-5 - Subpoena may issue to any county

A justice of the peace may issue a subpoena for a witness to any county, in a criminal case, and enforce obedience thereto.
Codes, Hutchinson's 1848, ch. 50, art. 2(6); 1857, ch. 64, art. 334; 1871, § 2827; 1880, § 3117; 1892, § 2429; 1906, § 2758; Hemingway's 1917, § 2257; 1930, § 2106; 1942, § 1840.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-7 - Appearance bond may be taken

It is lawful for any officer having a person in custody by virtue of a warrant of a justice court judge, in a case in which the judge has a final jurisdiction, to take bond with sufficient sureties, in a sum of not less than Fifty Dollars ($50.00), nor more than One Thousand Dollars ($1,000.00), except for the violation of any of the criminal statutes of Mississippi prohibiting the sale and possession of intoxicating liquors, when the bond shall not be less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) conditioned for the appearance of such person on the return-day of the writ before the justice court judge before whom the warrant is returnable, and to fix the amount of the bond, which shall be returned to the judge and be filed and proceeded on by him in a case of forfeiture, if for not more than Two Hundred Dollars ($200.00), as in like cases in the circuit court, as near as may be. A justice court judge before whom any person is brought for trial may take bond or recognizance in such like sum as he may affix, for such person, or may authorize the sheriff or constable to take bond of him for his appearance on adjournment from time to time, and from day to day, or to a subsequent day, for trial, and to be proceeded on in case of forfeiture as provided above. When a bond of recognizance shall exceed in its penalty One Thousand Dollars ($1,000.00) and be forfeited, the justice court judge shall return the bond or a true copy of the recognizance to the circuit court, with his certificate of the forfeiture; and the circuit court shall enter judgment nisi thereon, and thereafter proceed as if the same had been for appearance in that court.
Codes, 1871, § 1325; 1880, § 2220; 1892, § 2423; 1906, § 2752; Hemingway's 1917, § 2251; 1930, § 2100; 1942, § 1834; Laws, 1924, ch. 247; Laws, 1991, ch. 323, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-9 - Trial by jury

A defendant in a criminal case before a justice court judge where the potential period of incarceration is more than six (6) months in jail, in like manner as in civil cases, may demand a jury, and thereupon the justice shall proceed as in other cases. If the potential of incarceration is less than six (6) months in jail, there shall be no jury trial.
Codes, 1871, § 1330; 1880, § 2226; 1892, § 2428; 1906, § 2757; Hemingway's 1917, § 2256; 1930, § 2105; 1942, § 1839; Laws, 2008, ch. 319, § 8, eff. 7/24/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-11 - [Repealed]

Repealed by Laws, 1979, ch. 501, § 4, eff. 4/18/1979.
Codes, 1871, § 1323; 1880, § 2218; 1892, § 2422; 1906, § 2751; Hemingway's 1917, § 2250; 1930, § 2099; 1942, § 1833.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-13 - Procedure when accused is guilty of felony; remand

If on the trial of any criminal case the justice court judge discover that it is a felony, and not a misdemeanor, of which the accused has been guilty, he shall not punish the offender nor render any judgment finally disposing of the case, but shall require him to give bail for his appearance in the circuit court, unless the felony be not bailable, in which case the justice shall commit him without bail. A circuit court grand jury may remand a case to justice court to be tried as a misdemeanor after finding that the felony charge presented should be remanded with its bond to justice or municipal court to be tried as a misdemeanor.
Codes, 1880, § 2221; 1892, § 2424; Laws, 1906, § 2753; Hemingway's 1917, § 2252; Laws, 1930, § 2101; Laws, 1942, § 1835; Laws, 2007, ch. 495, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-15 - Authority to sentence misdemeanant to imprisonment on weekends or other nonworking hours

Upon conviction of any person of a misdemeanor in a justice court of this state, the justice court judge shall be authorized, in his discretion, to sentence such person to:
(a)
A period of time in jail to be served either on weekends only;
(b)
Other periods of time during the week wherein such offender may not be engaged in gainful employment; or
(c)
A specified number of days in jail with a provision for the release of such offender for the purpose of engaging in gainful employment at such times as the offender is actually gainfully employed, whether self-employed or otherwise.
In addition, the court may, in its discretion, sentence any convicted person to split periods of incarceration in lieu of serving the sentence of imprisonment all in one (1) period.
Laws, 1986, ch. 373, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 33 - PROSECUTIONS BEFORE JUSTICE COURT JUDGES (§§ 99-33-1 — 99-33-17) › Section 99-33-17 - Transfer of criminal case from justice court to municipal court in case of conflict

A justice court judge shall not dismiss a criminal case but may transfer the case to a municipal court within the county if the justice court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction is proper in the municipal court. Upon transfer of any such case, the justice court judge shall give the justice court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the municipal court by certified mail or to instruct the arresting officer to deliver such documents and records to the municipal court. There shall be no court costs charged for the transfer of the case to the municipal court.
Laws, 1991, ch. 322, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-1 - Right of appeal; requirement to post bond; trial de novo on appeal

In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
On appearance of the appellant in the circuit court the case shall be tried anew and disposed of as other cases pending therein.
Codes, Hutchinson's 1848, ch. 50, art. 14(4); 1857, ch. 58, art. 23; 1871, § 1335; 1880, § 2355; 1892, § 86; 1906, § 87; Hemingway's 1917, § 69; 1930, § 68; 1942, § 1202; Laws, 1956, ch. 216; Laws, 1968, ch. 308, § 1; Laws, 1988, ch. 416, § 1; Laws, 1989, ch. 403, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-3 - Appearance bond

The appellant if sentenced to imprisonment for an offense or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment pending his appeal, by giving bond with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the justice court judge or municipal judge, payable to the state in the penalty of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), except for the violation of any of the criminal statutes of Mississippi prohibiting the sale and possession of intoxicating liquors, when the bond shall not be less than One Hundred Fifty Dollars ($150.00), nor more than One Thousand Dollars ($1,000.00), to be determined by the justice court judge or municipal judge in reference to the grade of the offense as indicated by the judgment and ability of the appellant to give bond, conditioned to appear before the appellate court at the next term after such appeal shall be taken, to answer to the charge against him, and so to continue until discharged. On default of defendant a forfeiture shall be entered against him and his sureties.
Codes, Hutchinson's 1848, ch. 50, art. 14(4); 1857, ch. 58, art. 23; 1871, § 1335; 1880, § 2355; 1892, § 86; 1906, § 87; Hemingway's 1917, § 69; 1930, § 68; 1942, § 1202; Laws, 1956, ch. 216; Laws, 1968, ch. 308, § 1; Laws, 1988, ch. 416, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-5 - Sheriff empowered to take appeal bond from misdemeanant convicted in justice court

The sheriff of any county is empowered and directed to take an appeal bond in any case of a conviction of a misdemeanor before a justice of the peace of his county, and upon the prisoner or his attorney furnishing a valid appeal bond, and the sheriff taking and approving the same, he shall discharge the appellant from custody, turn over the bond to the circuit clerk and notify the justice of the peace that an appeal has been taken and direct him to send up all papers to the next term of the circuit court in the same manner as if the appeal bond had been filed with the justice from whose judgment the appeal was taken. Nothing in this section shall prevent a justice of the peace from accepting and receiving appeal bonds as provided by law, but the sheriff shall have power concurrent with the justice of the peace of their counties in all matters pertaining to the taking of appeal bonds in similar cases.
Codes, Hemingway's 1917, § 67; 1930, § 70; 1942, § 1204; Laws, 1908, ch. 137.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-7 - Appeals without bond or supersedeas

Any person who shall have been convicted of a criminal offense against the laws of this state, by the judgment of a justice court, or by a municipal court for the violation of an ordinance of the municipality, who by reason of his poverty is not able to give bond as prescribed in Section
99-35-3
, may nevertheless appeal from such conviction on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment, nor discharge the appellant from custody, but the judgment shall be executed as if an appeal had not been taken, unless the presiding judge of the appellate court shall, for good reason, see fit to stay the execution of the judgment rendered by the court below by ordering the release of the defendant on his own recognizance, and this shall not affect the trial of the case anew in the appellate court.
Codes, 1880, § 2356; 1892, § 87; 1906, § 88; Hemingway's 1917, § 70; 1930, § 69; 1942, § 1203; Laws, 1938, ch. 273; Laws, 1988, ch. 416, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-9 - Papers to be transmitted to circuit court clerk

The clerk of the justice court or municipal court from which judgment convicting of a criminal offense an appeal shall be taken shall at once transmit to the clerk of the circuit court the bond taken and a certified copy of the record of the case, with all the original papers in the case, as in appeals in civil cases. If an appeal be taken from a judgment convicting of a criminal offense, during a session of the circuit court of the county, the transcript and papers shall be returned to, and the case triable at that term of the court, and the bond shall bind the defendant accordingly, and the clerk of the circuit court shall docket the case on the state docket, and shall be entitled to like fees as in other cases. The judge setting the bond shall be liable for the amount of the bond, if he fails to require a good and sufficient one. The clerk of the justice court or municipal court shall make up the transcript of the record and transmit the same to the circuit clerk within ten (10) days after the appeal bond is given.
Codes, 1880, § 2357; 1892, § 88; 1906, § 89; Hemingway's 1917, § 71; 1930, § 71; 1942, § 1205; Laws, 1981, ch. 471, § 57; Laws, 1982, ch. 423, § 28, eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-11 - Amendment of affidavit, pleading, or proceedings

When an appeal is presented to the circuit court in any criminal case from the judgment or sentence of a justice of the peace or municipal court, it shall be permissible, on application of the state or party prosecuting, to amend the affidavit, pleading, or proceedings at any time before a verdict so as to bring the merits of the case fairly to trial on the charge intended to be set out in the original affidavit; the amendment to be made on such terms as the court may consider proper.
Codes, 1892, § 1438; 1906, § 1511; Hemingway's 1917, § 1269; 1930, § 1292; 1942, § 2535; Laws, 1886, p. 85.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 1 - APPEALS TO CIRCUIT COURTS (§§ 99-35-1 — 99-35-13) › Section 99-35-13 - Remittance of fines and forfeitures

In the event there is an acquittal or the case is nolle prosequi, the order of the court shall direct that any fine or forfeiture paid in the lower court be remitted, and a certified copy of the said order shall be sufficient authority for the remittance of said fine or forfeiture by the board of supervisors in the event the case was appealed from a judgment of a justice of the peace, or by the governing authorities of a municipality in the event the case was appealed from a judgment of a mayor or police justice of a city, town or village.
Codes, Hutchinson's 1848, ch. 50, art. 14(4); 1857, ch. 58, art. 23; 1871, § 1335; 1880, § 2355; 1892, § 86; 1906, § 87; Hemingway's 1917, § 69; 1930, § 68; 1942, § 1202; Laws, 1956, ch. 216; Laws, 1968, ch. 308, § 1, eff. 6/27/1968.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-101 - Right of appeal

Any person convicted of an offense in a circuit court may appeal to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed.
Codes, Hutchinson's 1848, ch. 63, art. 7(1); 1857, ch. 64, arts. 306, 307; 1871, § 2841; 1880, § 2314; 1892, § 36; Laws, 1906, § 37; Hemingway's 1917, § 12; Laws, 1930, § 16; Laws, 1942, § 1150; Laws, 1914, ch. 151; Laws, 2008, ch. 457, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-103 - When state or municipality may appeal

The state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases:
(a)
From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.
(b)
From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.
(c)
From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.
Codes, 1892, § 39; Laws, 1906, § 40; Hemingway's 1917, § 16; Laws, 1930, § 19; Laws, 1942, § 1153; Laws, 1991, ch. 573, § 140, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-105 - Prepayment of costs; appeal without prepayment; reimbursement of successful appellants

Appeals in criminal cases shall not stay the judgment or sentence appealed from unless the appellant shall prepay all of the costs in the lower court, including the cost of preparing the record of the proceedings in the trial court and the fee prescribed in Section
25-7-3
, to the clerk of the lower court. If the appellant shall make affidavit that he is unable to prepay the costs, he shall have an appeal without prepayment of costs; and his appeal shall stay the judgment appealed from. It shall be the responsibility of the county in which the conviction was taken to timely prepay all costs when an indigent appellant makes an affidavit that he is unable to make such payments.
It shall be the duty and obligation of the county to reimburse a successful appellant in a criminal case for court costs, including the cost of preparing the record of the proceedings in the trial court.
Codes, Hutchinson's 1848, ch. 63, art. 2(149); 1857, ch. 64, art. 308; 1871, § 2842; 1880, § 2335; 1892, § 61; 1906, § 62; Hemingway's 1917, § 38; 1930, § 41; 1942, § 1175; Laws, 1978, ch. 335, § 36, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-107 - Deposit for costs; security for jail fees

A deposit with the clerk of the court from which an appeal is taken of a sum of money sufficient to cover the costs accrued, and to accrue, the amount of which to be determined by the judge, may be made by the appellant with the posting of his appearance bond, and shall serve to stay execution of sentence until the clerk shall compile the trial court costs and file the cost bill required in criminal cases; and any security for jail fees which the sheriff shall certify to the clerk to be satisfactory to him, shall be sufficient, and the sheriff shall not thereafter be entitled to look to the county for such jail fees.
Codes, 1880, § 2336; 1892, § 62; 1906, § 63; Hemingway's 1917, § 39; 1930, § 42; 1942, § 1176; Laws, 1978, ch. 335, § 37, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-109 - Bail after conviction of misdemeanor

In all cases of conviction of a misdemeanor, an appeal taken shall stay the judgment appealed from. The appellant, if sentenced to imprisonment for his offense, or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment, pending his appeal, by paying the trial court costs and giving bond, with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the clerk of the court from which the appeal is taken, payable to the state in the penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), to be determined by such clerk, with reference to the grade of the offense, as indicated by the judgment, and the ability of the appellant to give bond, conditioned to surrender himself to the sheriff of the county to suffer the judgment or sentence, if it shall be affirmed by the supreme court, within one (1) week after the judgment of affirmance shall be certified to the circuit court, or to appear before the circuit court at the next term after a judgment of reversal in such case shall be certified to the circuit court, to answer the charge of the state, and so to continue until discharged.
Codes, 1880, § 2339; 1892, § 64; 1906, § 65; Hemingway's 1917, § 41; 1930, § 44; 1942, § 1178; Laws, 1978, ch. 335, § 38, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-111 - Bail after conviction of misdemeanor; judge may fix amount of bond

The circuit judge of the district or presiding on the trial, or a supreme judge, may, in any case, fix the amount of the bond to be given under Section
99-35-109
, and the clerk shall act accordingly. Any such bail bond shall be filed by the clerk, and carefully preserved among the papers of the case.
Codes, 1880, § 2340; 1892, § 65; 1906, § 66; Hemingway's 1917, § 42; 1930, § 45; 1942, § 1179.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-113 - Failure of appellant on bond to appear in misdemeanor cases

If the judgment in a case of misdemeanor be affirmed, and the appellant shall not surrender himself to the proper sheriff, according to the condition of his bail-bond, or shall not appear before the circuit court as the case may require, said court shall proceed as in any other case of forfeited bail-bond. All proper process shall be issued to enforce the judgment of the supreme court in the case by the clerk of the circuit court.
Codes, 1880, § 1438; 1892, § 4376; 1906, § 4942; Hemingway's 1917, § 3218; 1930, § 3401; 1942, § 1985.