reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-41 - HIV and AIDS testing of persons arrested for the commission of sex crimes against minors

(1)
Every person who is arrested for the commission of any sex crime against a minor as provided in Section
97-5-51
, the Mississippi Child Protection Act, shall be tested for the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS). Such test shall be administered upon arrest but, no later than twenty-four (24) hours after arrest. The test shall be performed by any qualified medical personnel in conjunction with the arresting authority. The arresting authority shall report all test results to the State Department of Health and the Children's Safe Center, no later than twenty-four (24) hours after the test results are available. Each victim of the alleged offense, or the parent, guardian, or custodian of each minor victim, and the accused shall be notified of the test results, no later than twenty-four (24) hours after the test results are available. The State Department of Health shall provide counseling and the referral for the appropriate treatment for each victim when the accused tested positive for HIV or AIDS. For the purposes of this section, the term "minor" means the same as defined in Section
97-5-51
. The HIV and AIDS tests collected under the authority of this section shall not be used for any other purpose that is not authorized by this section.
(2)
Any qualified medical personnel and/or arresting authority who is authorized to perform the test required by subsection (1) of this section shall only keep the results of HIV and/or AIDS tests, but shall destroy any biological sample taken from a person for purposes of performing such tests.
Amended by Laws, 2016, ch. 371, HB 1380, 1, eff. 4/6/2016.
Added by Laws, 2015, ch. 307, HB 257, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-43 - Criminal history background check to be conducted by officers stopping persons to effectuate arrest

(1)
When a state, county or local law enforcement officer stops a person with the intent to effectuate an arrest of the person, if the officer has the capability of doing so, the officer shall, at the time of the stop or as soon as possible thereafter, conduct a criminal history background check on the person being arrested using the National Crime Information Center (NCIC) database. If the stop results in the officer arresting the person, the officer shall make a notation of the person's criminal history at the time of arrest. If the criminal history cannot be obtained at the time of the arrest, it must be accessed and noted at the person's booking. The Federal Bureau of Investigation arrest numbers or system identification numbers of prior arrests or convictions shall be noted and become a part of the person's law enforcement record until the disposal of the matter giving rise to the grounds for arrest. A copy of the person's NCIC driver's license query shall become a part of the person's law enforcement record until the disposal of the matter giving rise to the grounds for arrest.
(2)
Subsection (1) of this section shall apply without regard to whether the person:
(a)
Is arrested for a misdemeanor or felony offense;
(b)
Is issued a citation in lieu of continued custody; or
(c)
Is arrested without a warrant.
Added by Laws, 2016, ch. 503, SB 2778, 9, eff. 10/1/2016.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-45 - Requisite notice to be given to persons under the age of twenty-one released following arrest under certain circumstances

A person under the age of twenty-one (21) who is released under either Section
99-3-17
or
99-3-18
following arrest must be given notice:
(a)
That the person is allowed to call a parent, guardian or custodian in addition to any other opportunity to call that has been afforded to such person; and
(b)
That Intervention Court and other pretrial diversion programs may be available for many offenses.
Amended by Laws, 2019, ch. 466, HB 1352,§ 27, eff. 7/1/2019.
Added by Laws, 2017, ch. 416, HB 1089, 12, eff. 4/11/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-1 - Form of bail; professional and soliciting bail agents to provide certain additional information; penalties

Bail may be taken in the following form, viz:
"State of Mississippi,
____________________ County.
We ____________________, principal, and ____________________ and ____________________, sureties, agree to pay the State of Mississippi ____________________ Dollars, unless the said ____________________ shall appear at the next term of the Circuit Court of ____________________ County, and there remain from day to day and term to term until discharged by law, to answer a charge of ____________________.
Signed ____________________
____________________
Approved ____________________
____________________ "
When the bail is for appearance before any committing court or a judge, the form may be varied to suit the condition.
When a bond is taken from a professional bail agent, the following must be preprinted or stamped clearly and legibly on the bond form: full name of the professional bail agent, Department of Insurance license number, full and correct legal address of the professional bail agent and complete phone number of the professional bail agent. In addition, if the bond is posted by a limited surety professional bail agent, the name of the insurer, the legal address of the insurer on file with the department and phone number of the insurer must be preprinted or stamped, and a true and correct copy of an individual's power of attorney authorizing the agent to post such bond shall be attached.
If the bond is taken from a soliciting bail agent, the full name of the soliciting bail agent and the license number of such agent must be preprinted or stamped clearly and legibly along with all information required for a professional bail agent and a true and correct copy of an individual's power of attorney authorizing such soliciting bail agent to sign the name of the professional bail agent.
Any professional bail agent and/or soliciting bail agents who issue a bail bond that does not contain this required information may have their license suspended up to six (6) months and/or be fined not more than One Thousand Dollars ($1,000.00) for the first offense, may have their license suspended up to one (1) year and/or be fined not more than Five Thousand Dollars ($5,000.00) for the second offense and shall have their license permanently revoked if they commit a third offense.
The court or the clerk of the court shall notify the department when any professional bail agent or soliciting bail agent or insurer issues a bail bond that contains information that misleads a court about the proper delivery by personal service or certified mail of a writ of scire facias, judgment nisi or final judgment.
Codes, 1880, § 3047; 1892, § 1400; 1906, § 1472; Hemingway's 1917, § 1230; 1930, § 1252; 1942, § 2495; Laws, 2007, ch. 390, § 1, eff. 7/1/2007.
Amended by Laws, 2014, ch. 479, SB 2677, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-3 - Form of bail; taken in open court by entry on minutes

Bail taken in open court may be entered on the minutes as follows, to wit:
"The State
No. ____________________ v.
A. B.
"Came the said A. B. and C. D. and E. F. and agreed to pay the state of Mississippi ____________________ dollars, unless the said A. B. shall appear at the present term of this court, and remain from day to day, and from term to term until discharged by law, to answer a charge of ____________________ ."
Codes, 1880, § 3049; 1892, § 1400a; 1906, § 1473; Hemingway's 1917, § 1231; 1930, § 1253; 1942, § 2496.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-5 - Bonds to be made payable to state; effect; expiration and renewal

All bonds and recognizances taken for the appearance of any party, either as defendant, prosecutor, or witness in any criminal proceeding or matter, shall be made payable to the state, and shall have the effect to bind the accused and his sureties on the bond or recognizance until the principal shall be discharged by due course of law, and shall be in full force, from term to term, for a period of three (3) years, except that a bond returnable to the Supreme Court shall be in full force for a period of five (5) years. If it is necessary to renew a bond, it shall be renewed without additional premium. At the end of the applicable period, a bond or recognizance that is not renewed shall expire and shall be uncollectible unless the collection process was started on or before the expiration date of such bond or recognizance. Any bond or recognizance taken prior to July 1, 1996, shall expire on July 1, 1999. If a defendant is charged with multiple counts in one (1) warrant only one (1) bond shall be taken.
Codes, Hutchinson's 1848, ch. 65, art. 2(57); 1857, ch. 64, art. 291; 1871, § 2791; 1880, § 3040; 1892, § 1393; 1906, § 1465; Hemingway's 1917, § 1223; 1930, § 1245; 1942, § 2488; Laws, 1996, ch. 450, § 1; Laws, 1997, ch. 346, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-7 - Fidelity or surety insurance company may give bail

Bail may be given to the sheriff or officer holding the defendant in custody, by a fidelity or surety insurance company authorized to act as surety within the State of Mississippi. Any such company may execute the undertaking as surety by the hand of officer or attorney authorized thereto by a resolution of its board of directors, a certified copy of which, under its corporate seal, shall be on file with the clerk of the circuit court and the sheriff of the county, and such authority shall be deemed in full force and effect until revoked in writing by notice to said clerk and sheriff.
Codes, Hutchinson's 1848, ch. 65, art. 12(2); 1857, ch. 64, art. 288; 1871, § 2788; 1880, § 3038; 1892, § 1391; 1906, § 1463; Hemingway's 1917, § 1221; 1930, § 1243; 1942, § 2486; Laws, 1960, ch. 267.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-9 - Cash bail bond

(1)
In addition to any type of bail allowed by statute, any committing court, in its discretion, may allow any defendant, to whom bail is allowable, to deposit cash as bail bond in lieu of a surety or property bail bond, by depositing such cash sum as the court may direct with the sheriff or officer having custody of defendant, who shall receipt therefor and who shall forthwith deliver the said monies to the county treasurer, who shall receipt therefor in duplicate. The sheriff, or other officer, upon receipt of the county treasurer, shall forthwith deliver one (1) copy of such receipt to the committing court who shall then order the release of such defendant.
(2)
The order of the court shall set forth the conditions upon which such cash bond is allowed and shall be determined to be the agreement upon which the bailee has agreed.
(3)
The sums received by the county treasurer shall be deposited by him in a special fund to be known as "Cash Bail Fund," and shall be received by him subject to the terms and conditions of the order of the court.
(4)
If the committing court authorizes bail by a cash deposit under subsection (1) of this section, but anyone authorized to release a criminal defendant allows the deposit of an amount less than the full amount of the bail ordered by the court, the defendant may post bail by a professional bail agent in an amount equal to one-fourth (1/4) of the full amount fixed under subsection (1) or the amount of the actual deposit whichever is greater.
Codes, Hutchinson's 1848, ch. 65, art. 12(2); 1857, ch. 64, art. 288; 1871, § 2788; 1880, § 3038; 1892, § 1391; 1906, § 1463; Hemingway's 1917, § 1221; 1930, § 1243; 1942, § 2486; Laws, 1960, ch. 267; Laws, 2007, ch. 390, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-13 - Court may make adjustments to excessive or insufficient bail

When it shall appear to the committing court or the court before which any person charged with a criminal offense has given bail to appear is insufficient or excessive in any respect, the court may (i) after a hearing, order the issuance of a revised mittimus reducing the previously set bail; or (ii) order the issuance of process for the arrest of such person, and may, after a hearing, require him to give bail as may be ordered, and, in default thereof, may commit him to jail as in other cases.
Codes, 1880, § 3051; 1892, § 1402; 1906, § 1475; Hemingway's 1917, § 1233; 1930, § 1255; 1942, § 2498.
Amended by Laws, 2016, ch. 496, HB 711, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-15 - Duty of officer to release defendant from custody; approval of sureties

It is the duty of the sheriff or other officer having custody of such defendant, upon his compliance with the order of the committing court or officer, to release him from custody; and he shall approve the sureties on the bond, except admitted and authorized fidelity and surety insurance companies acting as surety, and for that purpose may examine them on oath, or take their affidavit in writing, and may administer such oath.
Codes, Hutchinson's 1848, ch. 65, art. 12(2); 1857, ch. 64, art. 288; 1871, § 2788; 1880, § 3038; 1892, § 1391; 1906, § 1463; Hemingway's 1917, § 1221; 1930, § 1243; 1942, § 2486; Laws, 1960, ch. 267.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-17 - Sheriff to return bail-bond to clerk

It is the duty of the sheriff taking a bail-bond to return the same to the clerk of the circuit court of the county in which the offense is alleged to have been committed on or before the first day of the next term thereof.
Codes, Hutchinson's 1848, ch. 65, art. 12(3); 1857, ch. 64, art. 289; 1871, § 2789; 1880, § 3039; 1892, § 1392; 1906, § 1464; Hemingway's 1917, § 1222; 1930, § 1244; 1942, § 2487.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-19 - Person who takes insufficient bail-bond, etc., to stand special bail

If any person, except a properly authorized judge, authorized to release a criminal defendant neglects to take a bail bond, or if the bail bond from any cause is insufficient at the time he took and approved the same, on exceptions taken and filed before the close of the next term, after the same should have been returned, and upon reasonable notice thereof to the person, he shall stand as special bail, and judgment shall be rendered against him as such, except when bond is tendered by a fidelity or insurance company or professional bail agent or its bail agent authorized by Mississippi state license to act as bail surety. The person taking and approving a bail bond from a fidelity or insurance company or professional bail agent or its bail agent with a valid Mississippi state license shall bear no financial liability on the bail bond in the event of a bail bond forfeiture or default.
Codes, Hutchinson's 1848, ch. 65, art. 12(3); 1857, ch. 64, art. 289; 1871, § 2789; 1880, § 3039; 1892, § 1392; 1906, § 1464; Hemingway's 1917, § 1222; 1930, § 1244; 1942, § 2487; Laws, 1997, ch. 335, § 1; Laws, 2004, ch. 363, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-21 - Bond good though it does not describe offense

All bonds and recognizances taken in criminal cases, whether they describe the offense actually committed or not, shall have the effect to hold the party bound thereby to answer to such offense as he may have actually committed, and shall be valid for that purpose until he be discharged by the court.
Codes, 1857, ch. 64, art. 368; 1871, § 2873; 1880, § 3042; 1892, § 1395; 1906, § 1467; Hemingway's 1917, § 1225; 1930, § 1247; 1942, § 2490.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-23 - Bonds, recognizances, etc., to be valid and binding whether or not properly taken or recited in return of officer

All bonds, recognizances, or acknowledgments of indebtedness, conditioned for the appearance of any party before any court or officer, in any state case or criminal proceeding, which shall have the effect to free such party from jail or legal custody of any sort, shall be valid and bind the party and sureties, according to the condition of such bond, recognizance, or acknowledgment, whether it was taken by the proper officer or under circumstances authorized by law or not, or whether the officer's return identify it or not.
It shall not be an objection to any bail-bond or recognizance that it is in the form of an acknowledgment before a court or officer and is without the signature of any person, or is without the indorsement of approval by any officer; but all persons who, by their acknowledgment before any officer of liability to pay a sum of money to the state if some person shall not appear before some court or officer in a criminal prosecution, procure the discharge from custody of such person, shall be bound accordingly upon the recognizance. An obligation signed by a person to obtain the discharge from custody of another shall not be invalid, if it have that effect, because it does not have indorsed on it the approval of any officer, or because the taking thereof be not recited in the return of the officer.
Codes, 1880, §§ 3041, 3050; 1892, §§ 1394, 1401; 1906, §§ 1466, 1474; Hemingway's 1917, §§ 1224, 1232; 1930, §§ 1246, 1254; 1942, §§ 2489, 2497.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-29 - Surety may cause arrest of principal by officer

The sheriff or a constable in a proper case, upon the request of a surety in any bond or recognizance, and tender of the legal fee for executing a capias in a criminal case, and the production of a certified copy of the bond of recognizance, shall arrest, within his county, the principal in the bond or recognizance. The surety or his agent shall accompany the officer to receive the person.
Codes, 1880, § 3046; 1892, § 1399; 1906, § 1471; Hemingway's 1917, § 1229; 1930, § 1251; 1942, § 2494.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-31 - Mittimus in bailable cases to fix the bail

When a defendant charged with a criminal offense shall be committed to jail by a court, judge, justice or other officer, for default in not giving bail, it is the duty of such court or officer to state in the mittimus the nature of the offense, the county where committed, the amount of bail, and number of sureties required, and to direct the sheriff of the county where such party is ordered to be confined to release him, on his entering into bond as required by the order of the court or committing officer; and this shall apply to a case where, on habeas corpus, an order for bail may be made.
Codes, Hutchinson's 1848, ch. 65, art. 12(1); 1857, ch. 64, art. 287; 1871, § 2787; 1880, § 3037; 1892, § 1390; 1906, § 1462; Hemingway's 1917, § 1220; 1930, § 1242; 1942, § 2485.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-33 - Accused committed to prison if injured party is dangerously wounded

If a person be dangerously wounded the party accused shall be committed to prison until it be known whether the person wounded will recover or not, unless it appear to the court of inquiry that the case, in any event, would not amount to murder; in which case, or in the event that the person wounded do or will recover, the accused shall be dealt with as in other cases.
Codes, 1857, ch. 64, art. 283; 1871, § 2783; 1880, § 3036; 1892, § 1389; 1906, § 1461; Hemingway's 1917, § 1219; 1930, § 1241; 1942, § 2484.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-35 - When prisoner charged with capital offense entitled to bail

Any person having been twice tried on an indictment charging a capital offense, wherein each trial has resulted in a failure of the jury to agree upon his guilt or innocence, shall be entitled to bail in an amount to be set by the court.
Codes, 1942, § 2485.5; Laws, 1966, ch. 382, § 1, eff. 6/15/1966.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 5 - BAIL (§§ 99-5-1 — 99-5-39) › Section 99-5-39 - Appearance bond as condition of any court ordered supervision; defendant's failure to appear as grounds for forfeiture of bond

(1)
As a condition of any probation, community control, payment plan for any fine imposed or any other court ordered supervision, the court may order the posting of a bond to secure the appearance of the defendant at any subsequent court proceeding or to otherwise enforce the orders of the court. The appearance bond shall be filed by a duly licensed professional bail agent with the court or with the sheriff who shall provide a copy to the clerk of court.
(2)
The court may issue an order sua sponte or upon notice by the clerk or the probation officer that the person has violated the terms of probation, community control, court ordered supervision or other applicable court order to produce the defendant. The court or the clerk of the court shall give the bail agent a minimum of a seventy-two-hour notice to have the defendant before the court. If the bail agent fails to produce the defendant in court or to the sheriff at the time noticed by the court or the clerk of court, the bond shall be forfeited according to the procedures set forth in Section
99-5-25
. The defendant's failure to appear shall be the sole grounds for forfeiture of the appearance bond.
(3)
The provisions of Sections
83-39-1
et seq. and 99-5-1 et seq. shall govern the relationship between the parties except where they are inconsistent with this section.
Laws, 2007, ch. 390, § 3; Laws, 2008, ch. 420, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-1 - Indictment may charge offenses according to common law or statute

Offenses at common law, indictable and punishable by special statutory provision, may be indicted as described or charged according to the common law or according to the statute, and, on conviction, the offenders shall be punished as prescribed.
Codes, 1857, ch. 64, art. 357; 1871, § 2864; 1880, § 3099; 1892, § 1453; 1906, § 1526; Hemingway's 1917, § 1288; 1930, § 1313; 1942, § 2561.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-2 - When two or more offenses may be charged in single indictment; trial, verdicts, and sentences

(1)
Two (2) or more offenses which are triable in the same court may be charged in the same indictment with a separate count for each offense if:
(a)
the offenses are based on the same act or transaction; or
(b)
the offenses are based on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2)
Where two (2) or more offenses are properly charged in separate counts of a single indictment, all such charges may be tried in a single proceeding.
(3)
When a defendant is convicted of two (2) or more offenses charged in separate counts of an indictment, the court shall impose separate sentences for each such conviction.
(4)
The jury or the court, in cases in which the jury is waived, shall return a separate verdict for each count of an indictment drawn under subsection (1) of this section.
(5)
Nothing contained in this section shall be construed to prohibit the court from exercising its statutory authority to suspend either the imposition or execution of any sentence or sentences imposed hereunder, nor to prohibit the court from exercising its discretion to impose such sentences to run either concurrently with or consecutively to each other or any other sentence or sentences previously imposed upon the defendant.
Laws, 1986, ch. 444, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-3 - Formal or technical words not necessary

The words "force and arms" or the words "contrary to the form of the statute," or any other merely formal or technical words, shall not be necessary in an indictment if, without them, the offense be certainly and substantially described.
Codes, Hutchinson's 1848, ch. 65, art. 2(65); 1857, ch. 64, art. 7; 1871, § 2884; 1880, § 3001; 1892, § 1351; 1906, § 1423; Hemingway's 1917, § 1179; 1930, § 1203; 1942, § 2446.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-5 - Allegations of time; want of perfect venue

An indictment for any offense shall not be insufficient for omitting to state the time at which the offense was committed in any case where time is not of the essence of the offense, nor for stating the time imperfectly, nor for stating the offense to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened, nor for the want of a proper or perfect venue.
Codes, 1857, ch. 64, art. 266; 1871, § 2803; 1880, § 3013; 1892, § 1356; 1906, § 1428; Hemingway's 1917, § 1184; 1930, § 1208; 1942, § 2451.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-7 - How instruments pleaded

Whenever it shall be necessary to make an averment in an indictment as to any instrument, whether the same consists wholly or in part in writing, print, figures, or characters, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.
Codes, 1857, ch. 64, art. 264; 1871, § 2801; 1880, § 3015; 1892, § 1358; 1906, § 1430; Hemingway's 1917, § 1186; 1930, § 1210; 1942, § 2453.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-9 - Presentment; entry on minutes of court; warrant to issue; copy of indictment to be served on defendant; informing victim as to status of charge

All indictments and the report of the grand jury must be presented to the clerk of the circuit court by the foreman of the grand jury or by a member of such jury designated by the foreman, with the foreman's name endorsed thereon, accompanied by his affidavit that all indictments were concurred in by twelve (12) or more members of the jury and that at least fifteen (15) were present during all deliberations, and must be marked "filed," and such entry be dated and signed by the clerk. It shall not be required that the body of the grand jury be present and the roll called. An entry on the minutes of the court of the finding or presenting of an indictment shall not be necessary or made, but the endorsement by the foreman, together with the marking, dating, and signing by the clerk shall be the legal evidence of the finding and presenting to the court of the indictment. Unless the party indicted be in custody or on bond or recognizance entry of the indictment otherwise than by its number shall not be made at any time or for any purpose on the minutes or on any docket, nor shall any publicity be given to the fact of the existence of the indictment; but it shall never be made an objection to the indictment that it was improperly entered on the minutes or docket. A warrant for the person indicted shall immediately issue and be served on the person so indicted. After the arrest of the person indicted, and prior to arraignment, a copy of the indictment shall be served on such person.
Nothing contained herein, however, shall be construed to prohibit a prosecutor with knowledge of the status of a criminal charge from informing the victim, or, if the victim be deceased, a member of the immediate family of the victim, named in an indictment or in an application for an indictment as to the status of said charge at any time, consistent with established rules of court.
Codes, 1857, ch. 64, art. 257; 1871, § 2794; 1880, § 3006; 1892, § 1346; 1906, § 1418; Hemingway's 1917, § 1174; 1930, § 1198; 1942, § 2441; Laws, 1964, ch. 354; Laws, 1977, ch. 307; Laws, 1991, ch. 421, § 1; Laws, 2008, ch. 397, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-11 - Concurrence of twelve grand jurors required for finding

The concurrence of twelve of the grand jurors shall be necessary to the finding of an indictment or making a presentment.
Codes, 1880, § 3005; 1892, § 1345; 1906, § 1417; Hemingway's 1917, § 1173; 1930, § 1197; 1942, § 2440.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-13 - Secret record book; accused may be tried on copy made from record book

The clerk of the circuit court shall, within ten days after the adjournment of each term of court, record the indictments returned into court in a well-bound book to be kept for that purpose which shall be styled "Secret Record of Indictments," and which shall be properly indexed and kept secret. If the office of the clerk be furnished with an iron safe or vault, the book shall be kept therein when not in actual use. If an indictment be lost or destroyed, the accused may be tried on a certified copy of the indictment made from the said record-book.
Codes, 1892, § 1347; 1906, § 1419; Hemingway's 1917, § 1175; 1930, § 1199; 1942, § 2442.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-15 - Authority to inspect indictment limited to certain officers until arrest made

An indictment returned into the clerk of the circuit court, shall not be inspected by any person but the judge, clerk, district attorney, and sheriff, until the defendant shall have been arrested or has entered into bail or recognizance for the offense.
Codes, 1857, ch. 64, art. 259; 1871, § 2796; 1880, § 3007; 1892, § 1348; 1906, § 1420; Hemingway's 1917, § 1176; 1930, § 1200; 1942, § 2443; Laws, 1991, ch. 421, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-17 - Dilatory pleas; must be verified by oath

A plea in abatement, or other dilatory plea to an indictment, shall not be received, unless the same be verified by the oath of the defendant.
Codes, Hutchinson's 1848, ch. 59, art. 1(50); 1857, ch. 64, art. 296; 1871, § 2760; 1880, § 3010; 1892, § 1352; 1906, § 1424; Hemingway's 1917, § 1180; 1930, § 1204; 1942, § 2447.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-19 - Dilatory pleas; amendment of indictment or information

An indictment or information shall not be abated by reason of any misnomer or dilatory plea; but in such case the court shall forthwith cause the same to be amended according to the proof, and proceed as though such plea had not been pleaded; and an indictment shall not be held insufficient for want of, or imperfection in, the addition of any defendant.
Codes, 1857, ch. 64, art. 267; 1871, § 2804; 1880, § 3011; 1892, § 1353; 1906, § 1425; Hemingway's 1917, § 1181; 1930, § 1205; 1942, § 2448.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-21 - Demurrers; when filed; amendment of indictment

All objections to an indictment for a defect appearing on the face thereof, shall be taken by demurrer to the indictment, and not otherwise, before the issuance of the venire facias in capital cases, and before the jury shall be impaneled in all other cases, and not afterward. The court for any formal defect, may, if it be thought necessary, cause the indictment to be forthwith amended, and thereupon the trial shall proceed as if such defect had not appeared.
Codes, 1857, ch. 64, art. 268; 1871, § 2805; 1880, § 3012; 1892, § 1354; 1906, § 1426; Hemingway's 1917, § 1182; 1930, § 1206; 1942, § 2449.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-23 - Motions to quash

All objections to an indictment for any defect dehors the face thereof, presenting an issue to be tried by the court, shall be taken by motion to quash the indictment, and not otherwise, within the time allowed for demurrer, and with the right to amend, as provided in the last preceding section.
Codes, 1857, ch. 64, art. 268; 1871, § 2805; 1880, § 3012; 1892, § 1355; 1906, § 1427; Hemingway's 1917, § 1183; 1930, § 1207; 1942, § 2450.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-25 - Amendment where name of unknown defendant is discovered

If any indictment describes a defendant as a person whose name is to the jurors unknown, and it afterward appears that at the time of finding the bill his name was known, the court may order the indictment to be amended according to the fact.
Codes, 1857, ch. 64, art. 263; 1871, § 2800; 1880, § 3014; 1892, § 1357; 1906, § 1429; Hemingway's 1917, § 1185; 1930, § 1209; 1942, § 2452.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-27 - Gambling or gaming

In an indictment for gambling or gaming it shall be sufficient to charge the general name or description of the game at which the defendant may have played, without setting forth or describing with or against whom he may have bet or played; and an objection shall not be sustained to any such indictment for any defect or want of form, but the court shall proceed to give judgment according to the very right of the case.
Codes, Hutchinson's 1848, ch. 64, art. 3(21); 1857, ch. 64, art. 144; 1871, § 2608; 1880, § 2854; 1892, § 1361; 1906, § 1433; Hemingway's 1917, § 1189; 1930, § 1213; 1942, § 2456.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-29 - Intoxicating beverage offenses

An indictment for a violation of any of the provisions of Chapter 31 of Title 97, Mississippi Code of 1972, entitled "Intoxicating Beverage Offenses" shall not be quashed or abated for want of form, and it shall not be necessary to aver the particular kind of liquors sold.
In any indictment or presentment for any violation of Chapter 31 of Title 97, Mississippi Code of 1972, it shall not be necessary to negative the exceptions therein contained, or that the liquors, bitters and drinks were not ordered, shipped, transported, or delivered for any of the purposes set out in Section
97-31-33
thereof but such exceptions may be relied upon as defense and the burden of establishing the same shall be upon the person claiming the benefits thereof.
Codes, Hutchinson's 1848, ch. 11, art. 5(8); 1857, ch. 20, art. 11; 1871, § 2698; 1880, § 1114; 1892, § 1595; 1906, § 1761; Hemingway's 1917, § 2097; Hemingway's 1921 Supp. § 2163m; 1930, §§ 1985, 2012; 1942, §§ 2624, 2651; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-31 - Terms of indictment for larceny or embezzlement of money

(1)
In indictments for larceny or embezzlement of money or evidences of debt it shall be sufficient to describe the property in general terms, as "money," "bank-notes," "checks," "bills of exchange," "promissory notes," and the like, of or about a certain amount and of certain value; and in an indictment for embezzlement of money or funds by a treasurer, cashier, or other fiduciary, it shall be sufficient to describe the same as a "balance of account" and of a certain value.
(2)
In indictments for any crime in which the ownership of property, whether real or personal, must be alleged and proven, if ownership is vested in any entity other than an individual person, it shall be sufficient to allege and prove a name by which the entity is commonly known; and no indictment shall be held to be insufficient for failing to fully set forth such matters as governmental origins or the names of trustees, council members, supervisors, heirs or other persons with dominion or control over the entity or its property, and proof of such matter shall not be required at any trial upon the indictments.
Codes, 1892, § 1364; 1906, § 1436; Hemingway's 1917, § 1192; 1930, § 1216; 1942, § 2459; Laws, 2006, ch. 426, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-33 - Libel

An indictment for libel need not set forth any extrinsic facts to show the application of the defamatory matter charged in the indictment to the party libeled, but it shall be sufficient to charge generally that the same was published of or concerning him, and the fact that it was so published must be proved on the trial.
Codes, 1857, ch. 64, art. 256; 1871, § 2793; 1880, § 3017; 1892, § 1360; 1906, § 1432; Hemingway's 1917, § 1188; 1930, § 1212; 1942, § 2455.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-35 - Lotteries

An indictment for any of the crimes defined in Sections
97-33-31
to
97-33-49
, Mississippi Code of 1972, being those sections concerning lotteries and raffles, shall be good which charges the crime in the language of the statute, without setting forth therein the number or date of the ticket or the device, or anything in the nature thereof, or policy, or that which represents the same, or the name of the lottery or gift enterprise, or where the same is located, or anything else not expressly embraced in the statutory definition or description of the crime.
Codes, 1871, § 2735; 1880, § 2979; 1892, § 1365; 1906, § 1437; Hemingway's 1917, § 1193; 1930, § 1217; 1942, § 2460.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-37 - Murder and manslaughter

(1)
In an indictment for homicide it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient to charge in an indictment for murder, that the defendant did feloniously, willfully, and of his malice aforethought, kill and murder the deceased. It shall be sufficient, in an indictment for manslaughter, to charge that the defendant did feloniously kill and slay the deceased, concluding in all cases as required by the Constitution of this state.
(2)
An indictment for murder or capital murder shall be sufficient to also charge the lesser offense of manslaughter without a specific allegation of such lesser crime and without any necessity for an additional count charging such lesser crime.
Codes, 1857, ch. 64, art. 265; 1871, § 2802; 1880, § 3016; 1892, § 1359; 1906, § 1431; Hemingway's 1917, § 1187; 1930, § 1211; 1942, § 2454; Laws, 2004, ch. 393, § 2, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-39 - Perjury

In an indictment for perjury it shall be sufficient to set forth the substance of the offense charged upon the defendant - that he was sworn or testified on oath, and before what court, or before whom the oath or affirmation was taken; averring the court or person to have had competent authority to administer the same, together with proper averments to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, and without setting forth the commission or authority of the court, or the commission or authority of the person before whom the perjury was committed.
Codes, Hutchinson's 1848, ch. 64, art. 1(40); 1857, ch. 64, art. 211; 1871, § 2667; 1880, § 2928; 1892, § 1362; 1906, § 1434; Hemingway's 1917, § 1190; 1930, § 1214; 1942, § 2457.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 7 - INDICTMENT (§§ 99-7-1 — 99-7-41) › Section 99-7-41 - Perjury; subornation of perjury

In an indictment for subornation of perjury it shall be sufficient to set forth the substance of the offense charged upon the defendant, without setting forth the bill, answer, information, or any part of the record or proceeding, either in law or equity, and without setting forth the commission or authority of the court or person before whom the perjury was committed, or was agreed or promised to be committed.
Codes, Hutchinson's 1848, ch. 64, art. 1(40); 1857, ch. 64, art. 212; 1871, § 2668; 1880, § 2929; 1892, § 1363; 1906, § 1435; Hemingway's 1917, § 1191; 1930, § 1215; 1942, § 2458.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-1 - Capias or alias issued for arrest on indictment

The process for arrest on an indictment shall be a capias, which shall be issued immediately on the return of the indictment into court, and made returnable instanter, unless otherwise ordered by the court, and if the capias be not returned executed, the clerk shall issue an alias, returnable to the next term, without an order for that purpose.
Codes, 1857, ch. 64, art. 284; 1871, § 2784; 1880, § 3018; 1892, § 1366; 1906, § 1438; Hemingway's 1917, § 1195; 1930, § 1218; 1942, § 2461.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-3 - Corporations; summons issued on indictment; execution on judgment

When an indictment shall be found against a corporation, a summons shall be issued against it, by its corporate name, to appear and answer the indictment, which summons may be executed as a summons against a corporation in a civil suit; and upon the summons being returned executed, the corporation shall be considered in court, and appearing to the indictment, and the court shall, unless the defendant do so of its own accord, cause an appearance for it to be entered of record; and such proceedings may then be had thereon as if the corporation had appeared and pleaded thereto; and if the corporation be convicted on the indictment, the court may pass judgment thereon, and cause process of execution to be issued against the goods and chattels, lands and tenements of the corporation for the amount of the fine and costs which may be awarded against it, as on a judgment in a civil suit; and the sheriff shall proceed to sell the goods and chattels, and lands and tenements of the corporation on the execution as on an execution issuing against a corporation in a civil suit.
Codes, 1857, ch. 64, art. 269; 1871, § 2769; 1880, § 3019; 1892, § 1367; 1906, § 1439; Hemingway's 1917, § 1196; 1930, § 1219; 1942, § 2462.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-5 - Corporations; summons issued to other counties

If the summons be returned not executed, and the officer shall make affidavit that he hath made diligent inquiry and cannot ascertain any place of business of the corporation in the county, or the name of any officer of the corporation, resident in the county in which such indictment shall have been found, upon whom the summons could be executed, then the court shall make an order directing a summons to issue to any other county of the state in which the defendant corporation may be served, or the summons may be issued in the first instance without a precedent order of the court, and its service shall be as effectual as if served in the county where the indictment is found.
Codes, 1857, ch. 64, art. 270; 1871, § 2770; 1880, § 3020; 1892, § 1368; 1906, § 1440; Hemingway's 1917, § 1197; 1930, § 1220; 1942, § 2463.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-7 - Corporations; order to appear mailed and published if corporation not found; appearance and plea entered; execution

If it be made known to the court, by affidavit of any credible person, as required in suits in chancery against non-residents, that the defendant corporation is non-resident, or cannot be found in this state, it shall order said corporation to cause its appearance to be entered, and to plead to the indictment, on or before the first day of the next term of the court, a copy of which order shall, within thirty days, be forwarded by mail to the corporation, postage paid, by the clerk of the court, if the post-office address be made known by the affidavit; and it shall also be published for three weeks in one of the public newspapers printed in this state, as the court may direct. If the corporation shall not appear within the time limited by such order, or within such further time as the court shall appoint, then, on due proof of the mailing and publication, or of the publication, the court shall order the clerk to enter an appearance and plea of not guilty for said corporation, and, thereupon, further proceedings may be had on such indictment as if the corporation had appeared and pleaded thereto. In case of conviction, execution may be issued and proceedings had thereon as described in section
99-9-5
.
Codes, 1857, ch. 64, art. 270; 1871, § 2770; 1880, § 3020; 1892, § 1369; 1906, § 1441; Hemingway's 1917, § 1198; 1930, § 1221; 1942, § 2464.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 9 - PROCESS (§§ 99-9-1 — 99-9-37) › Section 99-9-9 - Corporations; proceeding before justice of the peace

Process and proceedings like those described in Sections
99-9-3
through
99-9-7
may be had before justices of the peace in a prosecution or proceeding against a corporation for any offense cognizable before a justice of the peace. In case publication be necessary, the day of appearance may be fixed for such time as will allow the order to be published for the required period.
Codes, 1857, ch. 64, art. 271; 1871, § 2771; 1880, § 3021; 1892, § 1370; 1906, § 1442; Hemingway's 1917, § 1199; 1930, § 1222; 1942, § 2465.