reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-23 - Plea entered when defendant stands mute

If the defendant, on arraignment, refuses or neglects to plead, or stands mute, the court must cause the plea of "not guilty" to be entered, and the trial to proceed.
Codes, Hutchinson's 1848, ch. 65, art. 2(51); 1857, ch. 64, art. 293; 1871, § 2757; 1880, § 3056; 1892, § 1407; 1906, § 1480; Hemingway's 1917, § 1238; 1930, § 1261; 1942, § 2504.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-24 - Where to make motions or enter guilty pleas

In criminal cases in circuit courts, unless otherwise provided by law, guilty pleas may be taken and motions may be heard in any county in the circuit court district that contains the county in which venue lies. Nothing in this section shall be construed as affecting venue for the purpose of bringing indictments or the conducting of jury trials.
Laws, 1986, ch. 347, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-25 - Entry of guilty pleas in vacation; sentencing; records

(1)
Any person who is charged in any circuit or county court with the commission of a criminal offense by a proper affidavit, indictment or information in cases of misdemeanors or by indictment by the grand jury in cases of felonies, and who is represented by counsel, may, by his own election, appear before the judge of the court at such time as the said judge may fix in vacation of the court and be arraigned and enter a plea of guilty to the offense with which he is charged. Upon the entering of such plea of guilty, the judge shall have the power and authority to impose any lawful and proper sentence upon the defendant in vacation just as though the plea was entered and the sentence imposed during a regular term of the court.
(2)
All judgments and orders imposing sentences in vacation upon such pleas of guilty shall be entered upon the minutes of the proper court in vacation just as though same were had and entered during term time.
Codes, 1942, § 2564.5; Laws, 1960, ch. 259, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-27 - Copy of indictment and special venire to be given defendant in capital cases

Any person indicted for a capital crime shall, if demanded by him by motion in writing before the completion of drawing of any special venire which is summoned to appear on the day of his trial, have a copy of the indictment and list of the special venire delivered to him or his counsel at least one (1) entire day before said trial.
Codes, Hutchinson's 1848, ch. 65, art. 2(49); 1857, ch. 64, art. 294; 1871, § 2758; 1880, § 3057; 1892, § 1408; 1906, § 1481; Hemingway's 1917, § 1239; 1930, § 1262; 1942, § 2505; Laws, 1900, ch. 99; Laws, 1934, ch. 303; Laws, 1950, ch. 351; Laws, 1964, ch. 357; Laws, 1971, ch. 490, § 1; Laws, 1985, ch. 443, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-28 - Accused entitled to copy of affidavit or indictment without cost

Any person alleged to have committed a criminal offense in violation of a state law, or ordinance of any political subdivision, which upon conviction carries a sentence of any length of time or fine of any amount, shall be entitled, upon request made by such person or their counsel, to receive a copy of the affidavit or indictment at any time after such affidavit is filed or indictment returned, provided that any person alleged to have committed a felony shall not be entitled to receive a copy of the indictment until after his arrest or apprehension, and such indictment shall be governed according to the provisions of Section
99-7-13
, Mississippi Code of 1972, until such time as the person is arrested or apprehended. No charge or fee shall be imposed for any copy of an affidavit or indictment as herein provided.
Laws, 1973, ch. 367, § 1, eff. 3/23/1973.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-29 - Continuance; application

On all applications for a continuance the party shall set forth in his affidavit the facts which he expects to prove by his absent witness or documents that the court may judge of the materiality of such facts, the name and residence of the absent witness, that he has used due diligence to procure the absent documents, or presence of the absent witness, as the case may be, stating in what such diligence consists, and that the continuance is not sought for delay only, but that justice may be done. The court may grant or deny a continuance, in its discretion, and may of its own motion cross-examine the party making the affidavit. The attorneys for the other side may also cross-examine and may introduce evidence by affidavit or otherwise for the purpose of showing to the court that a continuance should be denied. No application for a continuance shall be considered in the absence of the party making the affidavit, unless his absence be accounted for to the satisfaction of the court. A denial of the continuance shall not be ground for reversal unless the supreme court shall be satisfied that injustice resulted therefrom.
Codes, 1857, ch. 61, art. 151; 1871, § 633; 1880, § 1704; 1892, § 723; 1906, § 784; Hemingway's 1917, § 567; 1930, § 576; 1942, § 1520.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-31 - Continuance; capital cases

Application for continuance in capital cases shall not be entertained after the drawing of any special venire which is summoned to appear on the day the case is set for trial, except for causes arising afterward, unless a good excuse be shown for not having made the application before.
Codes, 1880, § 3059; 1892, § 1409; Laws, 1906, § 1482; Hemingway's 1917, § 1240; Laws, 1930, § 1263; Laws, 1942, § 2506; Laws, 1985, ch. 443, § 3, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-33 - Continuance; admission of facts in absence of witness

In all cases of application for continuance, it shall be lawful for the state or the defendant to make any admission of any fact sought to be proved by the other party by any absent witness, and such admission shall have the same effect as if the absent witness or other evidence were present in court, and no more; but if compulsory process will probably obtain the attendance of the absent witness, and the defendant have not had opportunity of obtaining such process, the cause shall be continued, unless the defendant desire a trial.
Codes, 1857, ch. 64, art. 302; 1871, § 2806; 1880, § 3077; 1892, § 1425; 1906, § 1498; Hemingway's 1917, § 1256; 1930, § 1279; 1942, § 2522.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-35 - Change of venue; how need shown; grounds

On satisfactory showing, in writing, sworn to by the prisoner, made to the court, or to the judge thereof in vacation, supported by the affidavits of two or more credible persons, that, by reason of prejudgment of the case, or grudge or ill will to the defendant in the public mind, he cannot have a fair and impartial trial in the county where the offense is charged to have been committed, the circuit court, or the judge thereof in vacation, may change the venue in any criminal case to a convenient county, upon such terms, as to the costs in the case, as may be proper.
Codes, Hutchinson's 1848, ch. 65, art. 6; 1857, ch. 64, art. 298; 1871, § 2762; 1880, § 3061; 1892, § 1411; 1906, § 1484; Hemingway's 1917, § 1242; 1930, § 1265; 1942, § 2508.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-37 - Change of venue; transfer of records to removal court

Upon the order being made changing the venue in a criminal case, the clerk shall make out a transcript of the caption of the record, also of the proceedings impaneling the grand jury, of the indictment, with the entries or indorsements thereon, and all entries relative thereto in the records of his office, of the bonds and recognizances of the defendant, of the names of all the witnesses, and of all orders, judgments, or other papers or proceedings belonging to or had in said cause and attach his certificate thereto, under his hand, with the seal of the court annexed, and forward it, sealed up, by a special messenger, or deliver it himself, together with all the original subpoenas in the case, to the clerk of the circuit court to which the trial is ordered to be removed.
Codes, 1857, ch. 64, art. 299; 1871, § 2763; 1880, § 2062; 1892, § 1412; 1906, § 1485; Hemingway's 1917, § 1243; 1930, § 1266; 1942, § 2509.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-39 - Change of venue; defendant to be tried on copy of indictment; specific objections to defects in transcript required

The defendant, on a change of venue, shall be tried on the copy of the indictment so certified; and the record, proceedings, and papers therein copied and certified, shall, in all respects become, be received, read, and taken as the original record, papers and proceedings in the said cause, and shall have the same force and effect. Defects in the transcript shall not avail the accused if he do not object to them specifically before trial.
Codes, 1857, ch. 64, art. 300; 1871, § 2764; 1880, § 3063; 1892, § 1413; 1906, § 1586; Hemingway's 1917, § 1244; 1930, § 1267; 1942, § 2510.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-41 - Change of venue; correcting errors in record

On suggestion to the court, with satisfactory showing, it may order a more perfect record to be made and certified, or direct the clerk making the same to rectify any errors therein.
Codes, 1857, ch. 64, art. 301; 1871, ch. 2765; 1880, § 3064; 1892, § 1414; 1906, § 1487; Hemingway's 1917, § 1245; 1930, § 1268; 1942, § 2511.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-43 - Change of venue; capital cases

In capital cases the application for change of venue must be made before the drawing of any special venire which is summoned to appear on the day the case is set for trial, or it will be too late, except where the ground on which such application is based occurred after the drawing of such venire.
Codes, 1880, § 3065; 1892, § 1415; 1906, § 1488; Hemingway's 1917, § 1246; 1930, § 1269; 1942, § 2512; Laws, 1985, ch. 443, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-45 - Change of venue; costs paid by county from which venue is changed

The county from which the venue is changed shall pay the costs and expenses incident to such change and trial in another county as if such change of venue had not been made.
Codes, 1880, § 3066; 1892, § 1416; 1906, § 1489; Hemingway's 1917, § 1247; 1930, § 1270; 1942, § 2513.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-47 - Joint indictments; severance in felonies

Any of several persons jointly indicted for a felony may be tried separately on making application therefor, in capital cases, before the drawing of any special venire which is summoned to appear on the day the case is set for trial and in other cases, before arraignment.
Codes, 1880, § 3068; 1892, § 1417; 1906, § 1490; Hemingway's 1917, § 1248; 1930, § 1271; 1942, § 2514, Laws, 1985, ch. 443, § 5, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-49 - Joint indictments; severance in misdemeanors

Persons jointly indicted for misdemeanors may be tried jointly or separately, in the discretion of the court.
Codes, 1880, § 3069; 1892, § 1418; 1906, § 1491; Hemingway's 1917, § 1249; 1930, § 1272; 1942, § 2515.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-51 - Dismissal of petty misdemeanor charge upon satisfaction of injured party

In prosecutions for petty misdemeanors, if the party injured appear before the court where the same shall be pending and acknowledge to have received satisfaction, on motion of the prosecuting attorney the court, if it shall adjudge that the ends of justice will be conserved thereby, may discharge the defendant and dismiss the proceedings and may require the payment of court costs.
Codes, 1857, ch. 64, art. 360; 1871, § 2868; 1880, § 3102; 1892, § 1457; 1906, § 1530; Hemingway's 1917, § 1292; 1930, § 1317; 1942, § 2565; Laws, 1988, ch. 415, § 1; Laws, 1990, ch. 316, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-53 - Prosecutions not compromised or nol prossed without consent of court, or dismissed, except at defendant's cost

A district attorney, or other prosecuting attorney, shall not compromise any cause or enter a nolle prosequi either before or after indictment found, without the consent of the court; and, except as provided in the last preceding section, it shall not be lawful for any court to dismiss a criminal prosecution at the cost of the defendant, but every cause must be tried unless dismissed by consent of the court.
Codes, 1857, ch. 64, art. 367; 1871, § 2872; 1880, § 3103; 1892, § 1458; 1906, § 1531; Hemingway's 1917, § 1293; 1930, § 1318; 1942, § 2566; Laws, 1988, ch. 415, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-55 - Trial where it appears that accused is only guilty of misdemeanor

If, on the examination into the case of any person brought before a conservator of the peace other than a justice of the peace, on a charge of felony, it shall clearly appear that a felony has not been committed, but that the accused is guilty of a misdemeanor of which a justice of the peace has jurisdiction, the conservator of the peace shall require the accused to be carried before the proper justice of the peace for trial. If the conservator of the peace in such case be a justice of the peace, having territorial jurisdiction of the offense he shall convict the offender and punish him accordingly, but such conviction shall not bar a subsequent prosecution for felony in the same matter.
Codes, 1880, § 3118; 1892, § 1465; 1906, § 1537; Hemingway's 1917, § 1299; 1930, § 1324; 1942, § 2572.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-57 - Relief for certain persons who pled guilty within six months prior to March 31, 1983

(1)
Any person who pled guilty within six (6) months prior to March 31, 1983, and who would have otherwise been eligible for the relief allowed in Section
99-15-26
, may apply to the court in which such person was sentenced for an order to expunge from all official public records all recordation relating to his arrest, indictment, trial, finding of guilty and sentence. If the court determines, after hearing, that such person has satisfactorily served his sentence or period of probation and parole, pled guilty within six (6) months prior to March 31, 1983, and would have otherwise been eligible for the relief allowed in Section
99-15-26
, it may enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or trial in response to any inquiry made of him for any purpose.
(2)
Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped, there was no disposition of such case, or the person was found not guilty at trial.
Laws, 1986, ch. 362; Laws, 1996, ch. 454, § 4; Laws, 2003, ch. 557, § 3, eff. 4/24/2003.
Amended by Laws, 2019, ch. 466, HB 1352,§ 42, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › IN GENERAL (§§ 99-15-1 — 99-15-59) › Section 99-15-59 - Expunction of misdemeanor charges

Any person who is arrested, issued a citation, or held for any misdemeanor and not formally charged or prosecuted with an offense within twelve (12) months of arrest, or upon dismissal of the charge, may apply to the court with jurisdiction over the matter for the charges to be expunged.
Laws, 1998, ch. 556, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-101 - Citation of Sections 99-15-101 through 99-15-127

Sections
99-15-101
through
99-15-127
shall be known and may be cited as the "Pretrial Intervention Act."
Laws, 1983, ch. 445, § 1; reenacted without change, Laws, 1987, ch. 329, § 1, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-103 - Definitions

For purposes of Sections
99-15-101
through
99-15-127
, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a)
"Prosecutorial discretion" means the power of the district attorney to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion.
(b)
"Noncriminal disposition" means the dismissal of a criminal charge without prejudice to the state to reinstate criminal proceedings on motion of the district attorney.
Laws, 1983, ch. 445, § 2; reenacted, Laws, 1987, ch. 329, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-105 - Establishment of pretrial intervention program; role of district attorney; application

(1)
Each district attorney, with the consent of a circuit court judge of his district, shall have the prosecutorial discretion as defined herein and may as a matter of such prosecutorial discretion establish a pretrial intervention program in the circuit court districts.
(2)
A pretrial intervention program shall be under the direct supervision and control of the district attorney.
(3)
An offender must make application to an intervention program within the time prescribed by the district attorney.
Laws, 1983, ch. 445, § 3; reenacted, Laws, 1987, ch. 329, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-107 - Ineligibility for intervention

A person shall not be eligible for the intervention program provided by Sections
99-15-101
through
99-15-127
if the person has been charged with:
(a)
Any crime of violence listed in Section
97-3-2
;
(b)
Any offense pertaining to trafficking in a controlled substance, as provided in Section
41-29-139(f)
; or
(c)
Any crime of fraud or embezzlement committed in a public office pursuant to Section
97-7-11
or
97-11-31
, amounting to or exceeding Ten Thousand Dollars ($10,000.00).
Laws, 1983, ch. 445, § 4; reenacted, Laws, 1987, ch. 329, § 4, eff. 7/1/1987.
Amended by Laws, 2021, ch. 327, SB 2552,§ 1, eff. 7/1/2021.
Amended by Laws, 2014, ch. 457, HB 585, 13, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-109 - Conditions when intervention is appropriate

(1)
Intervention shall be appropriate only when:
(a)
The offender is eighteen (18) years of age or older;
(b)
There is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(c)
It is determined that the needs of the offender and the state can better be met outside the traditional criminal justice process;
(d)
It is apparent that the offender poses no threat to the community;
(e)
It appears that the offender is unlikely to be involved in further criminal activity;
(f)
The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(g)
The offender has no significant history of prior delinquency or criminal activity;
(h)
The offender has been indicted and is represented by an attorney; and
(i)
The court has determined that the office of district attorney or the department of corrections has sufficient support staff to administer such intervention program.
(2)
When jurisdiction in a case involving a child is acquired by the circuit court pursuant to a transfer from the youth court, the provision of subsection (1)(a) of this section shall not be applicable.
(3)
Notwithstanding any other provision of this section, in all criminal cases wherein an offender has been held in contempt of court for failure to pay fines or restitution, the offender may be placed in pretrial intervention for the purpose of collecting unpaid restitution and fines regardless of any prior criminal conviction, whether felony or misdemeanor.
Laws, 1983, ch. 445, § 5; reenacted, Laws, 1987, ch. 329, § 5; Laws, 2006, ch. 453, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-111 - Information required from offender prior to admittance into program

Prior to admittance of an offender into an intervention program, the district attorney may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the district attorney's opinion, bears on the decision as to whether the offender should be admitted.
Laws, 1983, ch. 445, § 6; reenacted, Laws, 1987, ch. 329, § 6, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-113 - Recommendations of victim and law enforcement agency as to offender's admittance into program

Prior to any person's admittance to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the district attorney and a circuit court judge of his district shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision.
Laws, 1983, ch. 445, § 7; reenacted, Laws, 1987, ch. 329, § 7, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-115 - Waiver and agreements required of offender who enters program

An offender who enters an intervention program shall:
(a)
Waive, in writing and contingent upon his successful completion of the program, his or her right to a speedy trial;
(b)
Agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;
(c)
Agree, in writing, to the conditions of the intervention program established by the district attorney which shall not require or include a guilty plea;
(d)
In the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the district attorney and approved by the court; and
(e)
Agree, in writing, to waive extradition.
Laws, 1983, ch. 445, § 8; reenacted, Laws, 1987, ch. 329, § 8, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-117 - Agreement between district attorney and offender outlining terms of program; approval by court

In any case in which an offender agrees to an intervention program, a specific agreement shall be made between the district attorney and the offender. This agreement shall include the terms of the intervention program, the length of the program, which shall not exceed three (3) years, and a section therein stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement shall be signed by the offender and his or her counsel and filed in the district attorney's office. Before an offender is admitted to an intervention program, the court having jurisdiction of the charge must approve of the offender's admission to the program and the terms of the agreement.
Laws, 1983, ch. 445, § 9; reenacted, Laws, 1987, ch. 329, § 9, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-119 - Written reports retained for all offenders accepted into program; information furnished to Mississippi Justice Information Center

In all cases where an offender is accepted for intervention a written report shall be made and retained on file in the district attorney's office, regardless of whether or not the offender successfully completes the intervention program. The district attorney shall furnish to the Mississippi Justice Information Center personal identification information on each person accepted for intervention. This information shall only be released by the Mississippi Justice Information Center in those cases where a district attorney inquires as to whether a person has previously been accepted into an intervention program.
Laws, 1983, ch. 445, § 10; reenacted, Laws, 1987, ch. 329, § 10, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-121 - Restitution required prior to completion of program

Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the district attorney and approved by the court, to the victim, if any, and shall pay any expenses to the administrator of this program which are incurred as a result of his participation in the program. The amount of such expenses shall be determined by the district attorney and made part of the initial agreement between the district attorney and the offender.
Laws, 1983, ch. 445, § 11; reenacted, Laws, 1987, ch. 329, § 11, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-123 - Disposition of charges upon successful completion of program; violation of program agreement by offender; expunction of record

(1)
In the event an offender successfully completes a pretrial intervention program, the court shall make a noncriminal disposition of the charge or charges pending against the offender.
(2)
In the event the offender violates the conditions of the program agreement:
(a)
the district attorney may terminate the offender's participation in the program,
(b)
the waiver executed pursuant to Section
99-15-115
shall be void on the date the offender is removed from the program for the violation, and
(c)
the prosecution of pending criminal charges against the offender shall be resumed by the district attorney.
(3)
Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
Laws, 1983, ch. 445, § 12; reenacted, Laws, 1987, ch. 329, § 12; Laws, 2008, ch. 444, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-125 - Law enforcement officer precluded from referring to program as inducement to any statement, confession or waiver by offender; exception

No law enforcement officer shall refer to, mention and/or offer participation in this program as an inducement to any statement, confession or waiver of any constitutional rights of any person accused of a crime except those enumerated in Section
99-15-115
.
Laws, 1983, ch. 445, § 13; reenacted, Laws, 1987, ch. 329, § 13, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 15 - PRETRIAL PROCEEDINGS (§§ 99-15-1 — 99-15-127) › PRETRIAL INTERVENTION PROGRAM (§§ 99-15-101 — 99-15-127) › Section 99-15-127 - Department of Corrections, Division of Community Corrections to support program

The Department of Corrections, Division of Community Corrections, is directed to support Sections
99-15-101
through
99-15-127
to the extent that field support personnel are available in circuit court districts, and the Commissioner of Corrections shall certify to the court that the Division of Community Corrections has sufficient field parole officers to supervise and oversee those individuals who may be placed in this program by the court.
Laws, 1983, ch. 445, § 14; reenacted, Laws, 1987, ch. 329, § 14; Laws, 2002, ch. 624, § 9, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-1 - Indictments to be tried within 270 days of arraignment

Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.
Codes, 1857, ch. 64, art. 285; 1871, § 2785; 1880, § 3073; 1892, § 1421; 1906, § 1494; Hemingway's 1917, § 1252; 1930, § 1275; 1942, § 2518; Laws, 1976, ch. 420, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-3 - Peremptory challenges; number allowed

In capital cases the defendant and the state shall each be allowed twelve peremptory challenges. In cases not capital the accused and the state each shall be allowed six peremptory challenges; but all peremptory challenges by the state shall be made before the juror is presented to the prisoner. In all cases the accused shall have presented to him a full panel before being called upon to make his peremptory challenges.
Codes, Hutchinson's 1848, ch. 65, art. 8; 1857, ch. 64, art. 297; 1871, § 2761; 1880, § 3076; 1892, § 1423; 1906, § 1496; Hemingway's 1917, § 1254; 1930, § 1277; 1942, § 2520; Laws, 1908, ch. 172.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-5 - Peremptory challenges; joint defendant must agree

Defendants tried jointly must agree in their challenges made without cause, and shall be entitled to only the number to which one defendant is entitled.
Codes, 1880, § 3070; 1892, § 1419; 1906, § 1492; Hemingway's 1917, § 1250; 1930, § 1273; 1942, § 2516.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-7 - Interpreters

In all criminal cases wherein the defendant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section
9-21-80
, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury at no cost to the defendant.
Codes, Hutchinson's 1848, ch. 61, art. 1(80); 1857, ch. 61, art. 158; 1871, § 640; 1880, § 1713; 1892, § 731; 1906, § 792; Hemingway's 1917, § 576; 1930, § 585; 1942, § 1529; Laws, 2000, ch. 389, § 1; Laws, 2006, ch. 569, § 7, eff. 7/1/2006.
Amended by Laws, 2023, ch. 355, HB 1217,§ 7, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-9 - Trial in the absence of accused

In criminal cases the presence of the prisoner may be waived (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified in writing by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or is in any way in default for nonappearance, the trial may progress at the discretion of the court, and judgment made final and sentence awarded as though such defendant were personally present in court.
Codes, 1857, ch. 64, art. 303; 1871, § 2807; 1880, § 3075; 1892, § 1422; 1906, § 1495; Hemingway's 1917, § 1253; 1930, § 1276; 1942, § 2519; Laws, 2005, ch. 456, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-11 - Only two counsel to a side heard

Only two counsel for the state, one of whom shall be the district attorney, and two for the defendant, shall be heard in criminal cases, unless the court, for special reason, in its discretion, see fit to relax this rule.
Codes, 1857, ch. 64, art. 302; 1871, § 2806; 1880, § 3077; 1892, § 1424; 1906, § 1497; Hemingway's 1917, § 1255; 1930, § 1278; 1942, § 2521.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-13 - Variance between indictment and proof; amendment of record and indictment; continuance

Whenever, on the trial of an indictment for any offense, there shall appear to be any variance between the statement in the indictment and the evidence offered in proof thereof, in the name of any county, city, town, village, division, or any other place mentioned in such indictment, or in the name or description of any person or body politic or corporate, therein stated or alleged to be the owner of any property, real or personal, which shall form the subject of any offense charged therein, or in the name or description of any person, body politic or corporate, therein stated or alleged to be injured or damaged; or intended to be injured or damaged, by the commission of such offense, or in the Christian name or surname, or both, or other description whatever, of any person whomsoever, therein named or described, or in the ownership of any property named or described therein, or in the description of any property or thing, it shall and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on the merits, to order such indictment and the record and proceedings in the court to be amended according to the proof, whenever it may be deemed necessary by the court to amend such indictment, record, and proceedings, on such terms as to postponing the trial, to be had before the same or another jury, as the court shall think reasonable. After such amendment, the trial shall proceed in the same manner, and with the same consequences in all respects, as if a variance had not occurred; but if the court shall, on application, refuse a continuance, the defendant may take a bill of exceptions thereto, and assign such refusal for error.
Codes, 1871, § 2799; 1880, § 3081; 1892, § 1435; 1906, § 1508; Hemingway's 1917, § 1266; 1930, § 1289; 1942, § 2532.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-15 - Variance between indictment and proof; amendment of record and indictment; order for amendment

The order of the court for amendment of the indictment, record or proceedings provided in Section
99-17-13
shall be entered on the minutes, and shall specify precisely the amendment, and shall be a part of the record of said case, and shall have the same effect as if the indictment or other proceeding were actually changed to conform to the amendment; and wherever necessary or proper for the guidance of the jury, or otherwise, the clerk shall attach to the indictment a copy of the order for amendment.
Codes, 1880, § 3082; 1892, § 1436; 1906, § 1509; Hemingway's 1917, § 1267; 1930, § 1290; 1942, § 2533.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-17 - Joint defendants are competent witnesses for one another in separate trials

Where parties jointly indicted are tried separately, the party not on trial, shall, in all cases, be a competent witness for the party being tried.
Codes, 1880, § 3071; 1892, § 1420; 1906, § 1493; Hemingway's 1917, § 1251; 1930, § 1274; 1942, § 2517.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-19 - Assaults; insulting words admissible

In all trials for assault and battery, or for an assault, the defendant may give in evidence, in excuse or justification, any insulting words used by the person on whom the assault or assault and battery was committed, at the time of the commission thereof, toward the defendant, and the jury may consider and determine whether such words were or were not a sufficient excuse for or justification of the offense committed.
Codes, 1857, ch. 64, art. 366; 1871, § 2871; 1880, § 3080; 1892, § 1428; 1906, § 1501; Hemingway's 1917, § 1259; 1930, § 1282; 1942, § 2525.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-20 - Capital murder or other crimes punishable by death

No person shall be tried for capital murder, or any other crime punishable by death as provided by law, unless such offense was specifically cited in the indictment returned against the accused by setting forth the section and subsection number of the Code defining the offense alleged to have been committed by the accused. The judge, in cases where the offense cited in the indictment is punishable by death, may grant an instruction for the state or the defendant which instructs the jury as to their discretion to convict the accused of the commission of an offense not specifically set forth in the indictment returned against the accused. Any conviction of the accused for an offense punishable by death shall not be valid unless the offense for which the accused is convicted shall have been set forth in the indictment by section and subsection number of the Code which defined the offense allegedly committed by the accused.
Laws, 1974, ch. 576, § 6(3); Laws, 1977, ch. 458, § 10, eff. 4/13/1977.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-21 - Bribery; certain proof not necessary

Upon the trial of an indictment for bribery, it shall not be necessary to prove the conviction of any offender, for the offense in relation to which any agreement or understanding, prohibited by sections appearing in Title 97, Mississippi Code of 1972, dealing with bribery, shall have been made.
Codes, 1857, ch. 64, art. 42; 1871, § 2519; 1880, § 2735; 1892, § 1429; 1906, § 1502; Hemingway's 1917, § 1260; 1930, § 1283; 1942, § 2526.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-23 - Dueling; offender compelled to testify against another

If any person offend against any of the provisions of Sections
97-39-1
to
97-39-11
, Mississippi Code of 1972, headed Dueling, such person shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence in the same manner as other witnesses; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony; and the fact that he testified thereof shall be a bar to any prosecution against him for such transaction.
Codes, Hutchinson's 1848, ch. 64, art. 9(6); 1857, ch. 64, art. 55; 1871, § 2535; 1880, § 2751; 1892, § 1430; 1906, § 1503; Hemingway's 1917, § 1261; 1930, § 1284; 1942, § 2527.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-25 - Gambling and futures contracts; state not confined to proof of single violation

On the trial of all indictments for gambling or gaming or operating a bucket-shop or dealing in contracts commonly called "futures," the state shall not be confined in the proof to a single violation, but under the indictment charging a single offense may give in evidence any one or more offenses of the same character committed anterior to the day laid in the indictment and not barred by the statute of limitations; but in such case, after conviction or acquittal on the merits, the accused shall not be again liable to prosecution for any offense of the same character committed anterior to the day laid in the indictment.
Codes, 1857, ch. 64, § 33, art. 148; 1871, § 2611; 1880, § 2857; 1892, § 1431; 1906, § 1504; Hemingway's 1917, § 1262; 1930, § 1285; 1942, § 2528.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-27 - Gambling and futures contracts; witness compelled to testify; immunity granted; penalty for refusing

No person shall be excused from attending and testifying before a grand jury, or before any court, or in any cause or proceeding, criminal or otherwise based upon or growing out of any alleged violation of the provisions of law as to gambling or gaming, or as to operating a bucket-shop, or the dealing in contracts commonly called "futures," of which he shall have knowledge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify or produce evidence, documentary or otherwise, before the grand jury or any court; provided, that no person so testifying shall be exempt from prosecution or punishment for perjury in so testifying. Any person who shall neglect or refuse to so attend or testify, or to answer any lawful inquiry, or to produce books or other documentary evidence, if in his power to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
Codes, Hutchinson's 1848, ch. 64, art. 11(6); 1857, ch. 64, art. 150; 1871, § 2613; 1880, § 2860; 1892, § 1432; 1906, § 1505; Hemingway's 1917, § 1263; 1930, § 1286; 1942, § 2529; Laws, 1912, ch. 261.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-29 - Lotteries; purchaser of ticket compelled to testify against seller

The purchaser of any lottery ticket, or device in the nature of a lottery ticket, shall be a competent witness against the person from whom the same was purchased, and may be compelled to testify, but shall thereby be exempted from prosecution for buying or having the same.
Codes, 1871, § 2735; 1880, § 2979; 1892, § 1434; 1906, § 1507; Hemingway's 1917, § 1265; 1930, § 1288; 1942, § 2531.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-31 - Offenses affecting legislature; witness denied privilege against self-incrimination

Upon the trial of a person charged with any of the crimes named and defined in Sections
97-7-45
through
97-7-57
, Mississippi Code of 1972, relating to offenses affecting the legislature, a person otherwise competent as a witness shall not be excused from testifying as such concerning the offense charged on the ground that such testimony might criminate him or subject him to public infamy; but such testimony shall not afterward be used against him in any criminal prosecution, except for perjury in giving such testimony, nor shall the punishment of any person for the acts which constitute a violation of either of the said sections by the legislature, or either house thereof, as for a contempt, bar or preclude prosecutions thereunder.
Codes, 1892, § 1433; 1906, § 1506; Hemingway's 1917, § 1264; 1930, § 1287; 1942, § 2530; Laws, 1912, ch. 261.