reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-33 - Perjury; no variance between "sworn" and "affirmed."

In prosecutions for perjury, where the indictment charges that the defendant was duly sworn at the time he is averred to have testified falsely, it shall not be a variance if the proof show he was affirmed, and vice versa.
Codes, 1857, ch. 64, art. 204; 1871, § 776; 1880, § 1605; 1892, § 1437; 1906, § 1510; Hemingway's 1917, § 1268; 1930, § 1291; 1942, § 2534.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-35 - Instructions to jury

The judge in any criminal cause, shall not sum up or comment on the testimony, or charge the jury as to the weight of evidence; but at the request of either party he shall instruct the jury upon the principles of law applicable to the case. All instructions asked by either party must be in writing, and all alterations or modifications of instructions given by the court or refused shall be in writing, and those given may be taken out by the jury on its retirement. The clerk, before they are read or given to the jury, shall mark all instructions asked by either party, or given by the court, as being "given" or "refused," as the case may be, and all instructions so marked shall be a part of the record, on appeal, without a bill of exceptions.
Codes, Hutchinson's 1848, ch. 61, art. 1(144); 1857, ch. 61, art. 161; 1871, § 643; 1880, § 1714; 1892, § 732; 1906, § 793; Hemingway's 1917, § 577; 1930, § 586; 1942, § 1530.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-37 - Papers may be carried out by jury

All papers read in evidence on the trial of any cause may be carried from the bar by the jury.
Codes, Hutchinson's 1848, ch. 61, art. 1(80); 1857, ch. 61, art. 157; 1871, § 639; 1880, § 1712; 1892, § 730; 1906, § 791; Hemingway's 1917, § 575; 1930, § 584; 1942, § 1528.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-39 - Bills of exceptions; duty of judge to sign

On the trial of prosecutions for any crime or misdemeanor, it shall be the duty of the judge to sign any bill of exceptions tendered by the defendant during the progress thereof, if the truth of the case be fairly stated therein, and the said exceptions shall be a part of the record of such prosecution.
Codes, Hutchinson's 1848, ch. 61, art. 1(145); 1857, ch. 61, art. 163; 1871, § 645; 1880, § 1716; 1892, § 734; 1906, § 795; Hemingway's 1917, § 579; 1930, § 588; 1942, § 1532.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-41 - Bills of exceptions; when tendered and signed; incapacity of judge

Bills of exceptions to any ruling of the court, made before the jury retires from the box, must be tendered and signed during the trial, or during the term of the court, and bills of exceptions to judgments overruling motions for new trials must be presented to the judge for his signature during the term or within ten days, or such further time, not exceeding sixty days, as the court may allow, after the end of the term, and must be signed promptly by him if found to be correct. If the death, resignation, or other incapacity of the judge shall prevent him from signing a bill of exceptions, the affidavit of the attorney of record who represented the party tendering the bill of exceptions, and of all of them if more than one, that it correctly states the facts and rulings of the court, shall be received as a substitute for the signature of the judge to it; but in such case, if the state shall file in the supreme court an affidavit that the bill of exceptions is not correct, stating particularly wherein it is not correct, the state may then file any affidavits touching the matter, and the defendant may likewise file any affidavits other than his own up to the time of the call of the case for trial in the supreme court; and said court shall consider and determine, on submission of the case, both as to the truth of the bill of exceptions and the questions involved in what the court may determine to be the bill of exceptions.
Codes, 1880, § 1718; 1892, § 735; 1906, § 796; Hemingway's 1917, § 580; 1930, § 589; 1942, § 1533.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-43 - Bills of exceptions; attorneys may sign if judge refuses

If the judge shall refuse to sign a bill of exceptions to an opinion, decision, or charge given or made on the trial of any cause or motion, when the bill of exceptions is tendered to him, it shall be lawful for two attorneys at law who may be present at the time of the giving or making of such opinion, decision, or charge, and of the refusal of the judge to sign such bill of exceptions, to sign the same; and the bill of exceptions so signed shall have the same force and effect as if it had been signed by the judge.
Codes, 1857, ch. 61, art. 164; 1871, § 646; 1880, § 1717; 1892, § 737; 1906, § 798; Hemingway's 1917, § 586; 1930, § 590; 1942, § 1534.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-45 - Bills of exception; amendment

Bills of exception, with the approval of the trial judge, may be amended at any time before the hearing on appeal, for the purpose of curing omissions, defects, or inaccuracy; but no such amendment shall be made until the parties interested shall have been given five days' notice of such proposed amendment.
Codes, 1806, § 799; Hemingway's 1917, § 587; 1930, § 591; 1942, § 1535.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-47 - New trials; terms directed by court; number limited

Every new trial granted shall be on such terms as the court shall direct. No more than two new trials shall be granted to the same party in any cause.
Codes, Hutchinson's 1848, ch. 61, art. 1(73); 1857, ch. 61, art. 165; 1871, § 647; 1880, § 1719; 1892, § 738; 1906, § 800; Hemingway's 1917, § 588; 1930, § 592; 1942, § 1536; Laws, 1956, ch. 230.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 17 - TRIAL (§§ 99-17-1 — 99-17-49) › Section 99-17-49 - New trials; grant or refusal assignable for error

When a motion for a new trial shall be granted or refused, either party may reduce to writing the reasons offered for said new trial, together with the substance of the evidence in the case, and also the decision of the court on said motion, and tender the same as a bill of exceptions; and it shall be the duty of the judge to allow and sign the same. Such bill of exceptions shall be a part of the record in the cause, and it may embrace the motion, the judgment, or other matters of record. The appellant may assign for error that the court below improperly granted or refused a new trial.
Codes, 1857, ch. 61, art. 168; 1871, § 648; 1880, § 1720; 1892, § 739; 1906, § 801; Hemingway's 1917, § 589; 1930, § 593; 1942, § 1537.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-3 - Capital Defense Counsel Division created; personnel; appointment to office; qualifications; removal

There is hereby created the Capital Defense Counsel Division within the Office of the State Public Defender. This office shall consist of a director, sometimes referred to as Capital Defender, who shall be an attorney qualified to serve as lead counsel in death penalty eligible cases and staffed by any necessary personnel as determined and hired by the State Defender. The Capital Defender shall be appointed by the State Defender. The remaining attorneys and other staff shall be appointed by the State Defender and shall serve at the will and pleasure of the State Defender. The Capital Defender and all other attorneys in the office shall be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The Capital Defender may be removed by the State Defender upon finding that the Capital Defender is not qualified under law, has failed to perform the duties of the office, or has acted beyond the scope of the authority granted by law for the office.
Laws, 2000, ch. 569, § 20; Laws, 2011, ch. 343, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-5 - Purpose of Capital Defense Counsel Division

The Capital Defense Counsel Division is created within the Office of the State Public Defender for the purpose of providing representation to indigent parties under indictment for death penalty eligible offenses and to perform such other duties as set forth by law.
Laws, 2000, ch. 569, § 21; Laws, 2011, ch. 343, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-7 - Duties of division; attorneys appointed to office to be full time

The Capital Defense Counsel Division shall limit its activities to representation of defendants accused of death-eligible offenses and ancillary matters related directly to death-eligible offenses and other activities expressly authorized by statute. Representation by the division or by other court-appointed counsel under this chapter shall terminate upon completion of trial or direct appeal. The attorneys appointed to serve in the Capital Defense Counsel Division shall devote their entire time to the duties of the division, shall not represent any persons in other litigation, civil or criminal, nor in any other way engage in the practice of law, and shall in no manner, directly or indirectly, engage in lobbying activities for or against the death penalty. Any violation of this provision shall be grounds for termination from employment by the State Defender.
Laws, 2000, ch. 569, § 22; Laws, 2011, ch. 343, § 4, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-9 - Compensation

The Capital Defense Director appointed under this chapter shall be compensated at no more than the maximum amount allowed by statute for a district attorney, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant district attorney.
Laws, 2000, ch. 569, § 23; Laws, 2011, ch. 343, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-11 - Office hours of operation

The Capital Defense Counsel Division shall be open Monday through Friday for not less than eight (8) hours each day and observe such holidays and closings as prescribed by statute.
Laws, 2000, ch. 569, § 24; Laws, 2011, ch. 343, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-13 - Powers and duties of State Defender

(1)
The State Defender is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of division staff and to establish their salaries and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff; to enter into and perform contracts and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said offices within the funds appropriated for such purpose; and to incur and pay such other expenses as are appropriate and customary to the operation of the office.
(2)
The State Defender may provide representation to parents or guardians who have been determined by the youth court judge to be indigent and in need of representation in an abuse, neglect or termination of parental rights proceeding or appeal therefrom. Representation may be provided by staff or contract counsel including, but not limited to, by contract with legal services organizations.
Laws, 2000, ch. 569, § 25; Laws, 2011, ch. 343, § 7, eff. 7/1/2011.
Amended by Laws, 2016, ch. 505, HB 772, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-15 - Director to keep a docket of all indicted death eligible cases in Mississippi

The Capital Defense Director shall keep a docket of all indicted death-eligible cases originating in the courts of Mississippi which must, at all reasonable times, be open to inspection by the public and must show the county, district and court in which the cause is pending. The director shall prepare and maintain a roster of all death penalty cases in the courts of Mississippi indicating the current status of each case and submit this report to the Governor, Chief Justice of the Supreme Court and the Administrative Office of Courts monthly. The director shall also report monthly to the Administrative Office of Courts the activities, receipts and expenditures of the office.
Laws, 2000, ch. 569, § 26; Laws, 2011, ch. 343, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-17 - Conflict of interest; employment of qualified private counsel; payment of fees and expenses; Capital Defense Counsel Fund

(1)
If at any time during the representation of two (2) or more defendants, the State Defender determines that the interests of those persons are so adverse or hostile they cannot all be represented by the staff of the Capital Counsel Division without conflict of interest, or if the State Defender determines that the volume or number of representations shall so require, the State Defender, in his sole discretion, notwithstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses approved by order of the court of original jurisdiction, including investigative and expert witness expenses of such private counsel, shall be paid by funds appropriated to the Capital Defense Counsel Fund for this purpose.
(2)
There is created in the State Treasury a special fund to be known as the Capital Defense Counsel Fund. The purpose of the fund shall be to provide funding for the Capital Defense Counsel Division. Monies from the funds derived from assessments under Section
99-19-73
shall be distributed by the State Treasurer upon warrants issued by the State Defender. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
Monies appropriated by the Legislature for the purposes of funding the Capital Defense Counsel Division;
(b)
The interest accruing to the fund;
(c)
Monies received under the provisions of Section
99-19-73
;
(d)
Monies received from the federal government;
(e)
Donations; and
(f)
Monies received from such other sources as may be provided by law.
Laws, 2000, ch. 569, § 27; Laws, 2005, ch. 413, § 2; Laws, 2011, ch. 343, § 9, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 18 - OFFICE OF STATE PUBLIC DEFENDER (§§ 99-18-1 — 99-18-19) › Section 99-18-19 - [Repealed]

Repealed by Laws of 2011, ch. 343, § 13, eff. 7/1/2011.
Laws, 2000, ch. 569, § 28, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-1 - Change of law not to affect prosecution or punishment of crime committed prior to change

No statutory change of any law affecting a crime or its punishment or the collection of a penalty shall affect or defeat the prosecution of any crime committed prior to its enactment, or the collection of any penalty, whether such prosecution be instituted before or after such enactment; and all laws defining a crime or prescribing its punishment, or for the imposition of penalties, shall be continued in operation for the purpose of providing punishment for crimes committed under them, and for collection of such penalties, notwithstanding amendatory or repealing statutes, unless otherwise specially provided in such statutes.
Codes, 1906, § 1573; Hemingway's 1917, § 1335; 1930, § 1361; 1942, § 2608; Laws, 1902, ch. 63.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-5 - Findings of jury

(1)
On an indictment for any offense the jury may find the defendant guilty of the offense as charged, or of any attempt to commit the same offense, or may find him guilty of an inferior offense, or other offense, the commission of which is necessarily included in the offense with which he is charged in the indictment, whether the same be a felony or misdemeanor, without any additional count in the indictment for that purpose.
(2)
For purposes of this section, manslaughter shall be considered a lesser included offense of murder and capital murder, and the jury may be properly instructed thereon, upon request by either party or upon the court's own motion, in any case in which the giving of such instruction would be justified by the proof, consistent with the wording of the applicable manslaughter statute.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8(22); 1857, ch. 64, art. 305; 1871, § 2809; 1880, § 3078; 1892, § 1426; 1906, § 1499; Hemingway's 1917, § 1257; 1930, § 1280; 1942, § 2523; Laws, 2004, ch. 393, § 3, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-7 - Verdict as to some, disagreement as to other defendants

On the trial of two or more persons jointly indicted, the jury may render a verdict of guilty or not guilty as to some and disagree and be discharged as to others, without a verdict, if they cannot agree as to all; and the case of those as to whom a verdict was not found shall stand as if it had not been submitted to a jury, and shall be tried accordingly before another jury.
Codes, 1880, § 3079; 1892, § 1427; 1906, § 1500; Hemingway's 1917, § 1258; 1930, § 1281; 1942, § 2524.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-9 - No special form of verdict required

No special form of verdict is required, and where there has been a substantial compliance with the requirements of the law in rendering a verdict, a judgment shall not be arrested or reversed for mere want of form therein.
Codes, 1906, § 762; Hemingway's 1917, § 565; 1930, § 574; 1942, § 1518.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-11 - Verdict may be reformed at the bar if informal or defective

If the verdict is informal or defective the court may direct it to be reformed at the bar.
Codes, 1906, § 779; Hemingway's 1917, § 562; 1930, § 571; 1942, § 1515.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-12 - [Repealed]

Repealed by Laws, 1998, ch. 358, § 5, eff. 3/16/1998.
Laws, 1997, ch. 454, § 7, eff. 3/25/1997.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-13 - Mississippi Sentencing Disparity Task Force; purpose; composition

(1)
There is created the Mississippi Sentencing Disparity Task Force. The purpose of the task force is to study and report the existence of possible disparity in sentencing for crimes as documented by the Mississippi Department of Corrections in order to promote the interest of uniform justice throughout the State of Mississippi.
(2)
The Mississippi Sentencing Disparity Task Force shall be composed of the following fourteen (14) members, who shall serve for two-year terms:
(a)
Two (2) members of the Mississippi House of Representatives, appointed by the Speaker of the House;
(b)
Two (2) members of the Mississippi State Senate, appointed by the Lieutenant Governor;
(c)
Two (2) members appointed by the Governor;
(d)
The Commissioner of the Mississippi Department of Corrections, or a designee;
(e)
The Attorney General of the State of Mississippi, or his or her designee;
(f)
The director of a faith-based organization involved in re-entry programs, or a designee appointed by the Lieutenant Governor;
(g)
The Chief Justice of the Mississippi Supreme Court, or a designee;
(h)
The Chairman of the Parole Board, or a designee;
(i)
A person who is a former offender appointed by the Chairman of the Parole Board;
(j)
The President of the Mississippi Prosecutors Association, or a designee; and
(k)
A sentencing circuit or county court judge, or a designee to be appointed by the Chief Justice of the Mississippi Supreme Court.
(3)
The Chief Justice of the Mississippi Supreme Court shall call the first meeting of the task force. The task force shall hold its first meeting no later than thirty (30) days after July 1, 2018. At its first meeting, the task force shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records. The chairman and vice chairman shall serve one-year terms or until such time as a successor is elected.
Added by Laws, 2018, ch. 416, HB 387,§ 8, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-15 - Sentence; felon under age sixteen

When the court shall be satisfied that a person who has been found guilty of a felony not capital is not more than sixteen, the punishment imposed may, in the discretion of the court, be imprisonment in the county jail not exceeding one year, instead of imprisonment in the penitentiary.
Codes, 1880, § 3084; 1892, § 1440; 1906, § 1513; Hemingway's 1917, § 1271; 1930, § 1294; 1942, § 2537.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-17 - [Repealed]

Repealed by Laws, 2003, ch. 499, § 9, eff. 7/1/2003.
Codes, 1892, § 1441; Laws, 1906, § 1514; Hemingway's 1917, § 1272; Laws, 1930, § 1295; Laws, 1940, ch. 241; Laws, 1942, § 2538; Laws, 1970, ch. 346, § 1; Laws, 1993, ch. 359 § 4, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-18 - Mandatory minimum sentence for embezzlement or other unlawful conversion of public funds

When any person is convicted of a felony or felonies in which public funds in the amount of Ten Thousand Dollars ($10,000.00) or more were unlawfully taken, obtained or misappropriated, the sentence imposed by the court shall include a minimum term of imprisonment of one (1) year in the custody of the Department of Corrections. Notwithstanding any other law to the contrary, such mandatory minimum term shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of one (1) year of incarceration.
Laws, 2002, ch. 309, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-19 - [Repealed]

Repealed by Laws, 1979, ch. 501, § 4, eff. 4/18/1979.
Codes, Hutchinson's 1848, ch. 65, art. 2(56); 1857, ch. 64, art. 310; 1871, § 2811; 1880, § 3086; 1892, § 1443; 1906, § 1516; Hemingway's 1917, § 1274; 1930, § 1297; 1942, § 2540.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-20 - Sentence; imposition of fine; payment; imprisonment for nonpayment; indigent defendants

(1)
Except as otherwise provided under Section
99-19-20.1
, when any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of the court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
(2)
Except as otherwise provided under Section
99-19-20.1
, the defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations provided under this section. The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.
This subsection shall be limited as follows:
(a)
In no event shall such period of imprisonment exceed one (1) day for each One Hundred Dollars ($100.00) of the fine.
(b)
If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.
(c)
It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1)(d), but the rate shall be no lower than the rate of the highest current federal minimum wage.
(3)
Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.
Laws, 1979, ch. 501, § 1; Laws, 1998, ch. 380, § 1; Laws, 2010, ch. 492, § 4, eff. 4/7/2010.
Amended by Laws, 2018, ch. 416, HB 387,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-21 - Sentence; prison terms to run consecutively or concurrently in discretion of court; sentence for felony committed while on parole, probation, earned-release or post-release supervision, or suspended sentence

(1)
When a person is sentenced to imprisonment on two (2) or more convictions, the imprisonment on the second, or each subsequent conviction shall, in the discretion of the court, commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.
(2)
When a person is sentenced to imprisonment for a felony committed while the person was on parole, probation, earned-release supervision, post-release supervision or suspended sentence, the imprisonment shall commence at the termination of the imprisonment for the preceding conviction. The term of imprisonment for a felony committed during parole, probation, earned-release supervision, post-release supervision or suspended sentence shall not run concurrently with any preceding term of imprisonment. If the person is not imprisoned in a penitentiary for the preceding conviction, he shall be placed immediately in the custody of the Department of Corrections to serve the term of imprisonment for the felony committed while on parole, probation, earned-release supervision, post-release supervision or suspended sentence.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8(11); 1857, ch. 64, art. 354; 1871, § 2861; 1880, § 3110; 1892, § 1459; 1906, § 1532; Hemingway's 1917, § 1294; 1930, § 1319; 1942, § 2567; Laws, 1942, ch. 301; Laws, 1983, ch. 333; Laws, 1995, ch. 596, § 14, eff. 6/30/1995.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-23 - Sentence; credit for time of prisoner's pre-trial or pre-appeal confinement

The number of days spent by a prisoner in incarceration in any municipal or county jail while awaiting trial on a criminal charge, or awaiting an appeal to a higher court upon conviction, shall be applied on any sentence rendered by a court of law or on any sentence finally set after all avenues of appeal are exhausted.
Codes, 1942, § 2540.5; Laws, 1968, ch. 382, § 1, eff. 4/11/1968.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-25 - Sentence; circuit and county judges and justice courts may suspend in misdemeanor cases; suspension of sentence or execution of sentence subsequent to original sentencing authorized under certain circumstances

The circuit courts and the county courts, in misdemeanor cases, are hereby authorized to suspend a sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court. Provided, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of five (5) years.
The justice courts, in misdemeanor cases, are hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court. Subsequent to original sentencing, the justice courts, in misdemeanor cases, are hereby authorized to suspend sentence and to suspend execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed. Provided, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. Provided, however, the justice courts in cases arising under Sections
49-7-81
,
49-7-95
and the Implied Consent Law shall not suspend any fine.
Codes, Hemingway's 1917, § 1275; 1930, § 1298; 1942, § 2541; Laws, 1914, ch. 207; Laws, 1950, ch. 347; Laws, 1964, ch. 358; Laws, 1973, ch. 470, § 1; Laws, 1981, ch. 491, § 14; Laws, 1995, ch. 551, § 4; Laws, 2009, ch. 374, § 1, eff. 3/17/2009.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-27 - Convicts who violate terms of suspended sentence or parole are subject to arrest

Every convicted offender of a criminal law who receives a parole or suspended sentence for a definite time, and fails to surrender himself to the proper authority for execution of sentence on expiration of such parole or suspended sentence, shall be regarded and treated as an escaped convict and subject as such to arrest and return to the proper authorities by any officer or citizen who could have made such arrest had such offender been an ordinary escaped prisoner, and shall be promptly returned to the proper authorities for execution of sentence.
Codes, 1930, § 1299; 1942, § 2542; Laws, 1926, ch. 147.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-29 - Vacation of suspended sentence and annulment of conditional pardon for violation of terms

Whenever any court granting a suspended sentence, or the governor granting a pardon, based on conditions which the offender has violated or failed to observe, shall be convinced by proper showing, of such violation of sentence or pardon, then the governor or the judge of the court granting such suspension of sentence shall be authorized to annul and vacate such suspended sentence or conditional pardon in vacation or court time. The convicted offender shall thereafter be subject to arrest and court sentence service, as if no suspended sentence or conditional pardon had been granted, and shall be required to serve the full term of the original sentence that has not been served. The offender shall be subject, after such action by the court or the governor, to arrest and return to proper authorities as in the case with ordinary escaped prisoner.
Codes, 1930, § 1300; 1942, § 2543; Laws, 1926, ch. 147.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-31 - Penalty where none fixed elsewhere by statute

Offenses for which a penalty is not provided elsewhere by statute, and offenses indictable at common law, and for which a statutory penalty is not elsewhere prescribed, shall be punished by fine of not more than one thousand dollars ($1,000.00) and imprisonment in the county jail not more than six (6) months, or either.
Codes, 1957, ch. 64, art. 356; 1871, § 2863; 1880, § 3098; 1892, § 1454; 1906, § 1527; Hemingway's 1917, § 1289; 1930, § 1314; 1942, § 2562; Laws, 1984, ch. 353, § 3, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-32 - Fines and assessments upon persons convicted of offenses punishable by imprisonment for more than one year; deposit in Criminal Justice Fund

(1)
Offenses punishable by imprisonment in the State Penitentiary for more than one (1) year and for which no fine is provided elsewhere by statute may be punishable by a fine not in excess of Ten Thousand Dollars ($10,000.00). Such fine, if imposed, may be in addition to imprisonment or any other punishment or penalty authorized by law.
(2)
Such assessments as are collected under subsection (5) of Section
99-19-73
shall be deposited in a special fund hereby created in the State Treasury to be designated the "Criminal Justice Fund." The Legislature may make appropriations from the Criminal Justice Fund for the purpose of defraying such costs as the state incurs in the administration of the criminal justice system of this state.
Laws, 1985, ch. 495, § 1; Laws, 1990, ch. 329, § 14, eff. 10/1/1990.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-33 - Where penalty modified milder penalty may be imposed

If any statute shall provide a punishment of the same character, but of milder type, for an offense which was a crime under pre-existing law, then such milder punishment may be imposed by the court but no conviction, otherwise valid, shall be set aside and new trial granted merely because of an error of the court in fixing punishment. Such error shall only entitle the party injured to vacate or reverse the judgment as to the punishment, and the legal punishment shall then be imposed by another sentence based on the original conviction or plea of guilty.
Codes, 1906, § 1574; Hemingway's 1917, § 1336; 1930, § 1362; 1942, § 2609.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-35 - Person convicted of certain crimes not to practice medicine or dentistry, or hold office

A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, unless after full pardon for the same.
Codes, Hutchinson's 1848, ch. 65, art. 2(63); 1857, ch. 64, art. 358; 1871, § 2865; 1880, § 3100; 1892, § 1455; 1906, § 1528; Hemingway's 1917, § 1290; 1930, § 1315; 1942, § 2563; Laws, 1987, ch. 499, § 18, eff. 7/24/1987 (the date on which the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-37 - Restoration of right of suffrage to World War veterans

(1)
Any person who has lost the right of suffrage by reason of conviction of crime and has not been pardoned therefrom, who thereafter served honorably in any branch of the armed forces of the United States during the periods of World War I or World War II as hereinafter defined and shall have received an honorable discharge, or release therefrom, shall by reason of such honorable service, have the full right of suffrage restored, provided, however, this does not apply to any one having an unfinished or suspended sentence.
(2)
For the purposes of this section the period of World War I shall be from April 6, 1917 to December 1, 1918, and the period of World War II shall be from December 7, 1941 to December 31, 1946.
(3)
In order to have restored, and to exercise, the right of franchise under the provisions of this section a person affected hereby shall have his discharge, or release, from the armed forces of the United States recorded in the office of the chancery clerk of the county in which such person desires to exercise the right of franchise and if such discharge, or release, appears to be an honorable discharge, or release, and shows such person to have served honorably during either of the periods stated in subsection (2) of this section such person shall have the full right of suffrage restored as though an act had been passed by the legislature in accordance with Section 253 of the Constitution of the State of Mississippi restoring the right of suffrage to such person.
Codes, 1942, § 2563.5; Laws, 1948, ch. 505, §§ 1-3.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-39 - Detention of convict pending appeal

If the defendant appeal from the conviction and be not removed on appeal, as provided in the next succeeding section, he shall be detained, according to the judgment of the circuit court, until the supreme court shall have decided his case, and the judgment thereof shall have been certified to the circuit court and the same fully executed.
Codes, 1857, ch. 64, art. 312; 1871, § 2813; 1880, § 3087; 1892, § 1444; 1906, § 1517; Hemingway's 1917, § 1276; 1930, § 1301; 1942, § 2544.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-41 - Delivery of appellant to county where supreme court is held

When any person shall be convicted of an offense and an appeal shall be taken to the supreme court, the sheriff shall, on an order for that purpose from the judge of the court where he was tried, or a judge of the supreme court, deliver such convict to the sheriff of the county where the supreme court is held, at the term thereof to which the appeal shall be made returnable, who shall safely keep such prisoner, subject to the order of the supreme court.
Codes, 1857, ch. 64, art. 314; 1871, § 2815; 1880, § 3088; 1892, § 1445; 1906, § 1518; Hemingway's 1917, § 1277; 1930, § 1302; 1942, § 2545.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-42 - Post-conviction proceeding; time for hearing and return to Department of Corrections

Any offender in the custody of the Department of Corrections who is summoned to a county by court order for any post-conviction proceeding shall have such proceeding heard during the term of court in which the offender is returned to the custody of a county. If the offender's case is not heard during such term of court, the offender shall be returned to the facility of the Department of Corrections from which he was summoned. If the offender is not returned within one (1) week of the end of the term of court, the county housing the offender shall not receive the Twenty-five Dollars ($25.00) allowed under Section
47-5-901
, except as authorized in Section
47-5-909(2)
, for housing state offenders after the one-week time period required for returning the offender to the Department of Corrections.
Laws, 1995, ch. 566, § 1, eff. 7/1/1995.
Amended by Laws, 2023, ch. 491, SB 2495,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-43 - Duty of judge when convict sentenced to penitentiary

It shall be the duty of the judge, when any convict is sentenced to imprisonment in the penitentiary, to commit the convict to the nearest jail which may be deemed safe, and by the next mail after the sentence to give notice to the warden of the penitentiary that such convict is confined, subject to his order, in a certain county jail, and to inform him whether, in his opinion, he is a dangerous criminal, and whether more than ordinary precautions will be necessary in guarding him.
Codes, Hutchinson's 1848, ch. 64, art. 17(82); 1857, ch. 64, art. 321; 1871, § 2852; 1880, § 3089; 1892, § 1446; 1906, § 1519; Hemingway's 1917, § 1278; 1930, § 1303; 1942, § 2546.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-45 - Commitment to penitentiary; duties of clerks of circuit court; fees

The clerks of the circuit court of the counties in the State of Mississippi shall furnish the Mississippi Department of Corrections, within five (5) days after adjournment of court, a commitment paper showing the name, sex, race and social security number of the person convicted and the crime committed, along with certified copies of the sentencing order and indictment, as well as any subsequent order entered by the court in such cause.
The clerks shall also furnish the Department of Corrections, within five (5) days after adjournment of such court, a certified copy of the probation order of an individual who is placed on probation under the supervision of the Division of Community Corrections of the department. Such order shall provide the name of the person placed on probation, the crime, term of sentence, date of sentence, period of probation, sex, race and a brief history of the crime committed.
As compensation for such services they shall receive the sum of Fifty Cents (50¢) for each transcript, and the sum shall be paid out of the treasury of the county, with the approval of the board of supervisors, on the filing of a bill for such service.
Codes, Hemingway's 1917, §§ 1279, 1280; 1930, §§ 1304, 1305; 1942, §§ 2547, 2548; Laws, 1912, ch. 147; Laws, 1991, ch. 379 § 1; Laws, 2002, ch. 624, § 10; Laws, 2006, ch. 455, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-47 - Commitment to penitentiary; form

The following form, to be furnished by the county, shall be used in transmitting the required data:
"Commitment of ____________________ (insert name of person)
Circuit Court, County of ____________________.
To the Mississippi Department of Corrections:
You are hereby notified that at the ____________________ term, 2____________________, of the circuit court, Judge ____________________ presiding, the following named person was tried, convicted and sentenced to a term in the State Penitentiary, as follows:
Name ____________________ Alias ____________________
Crime Social Security No. ____________________
Sex ____________________
Race ____________________
Appealed ____________________
Remarks:
____________________
____________________
____________________
Dated ____________________, 2____________________.____________________ Clerk."
Codes, Hemingway's 1917, § 1281; 1930, § 1306; 1942, § 2549; Laws, 1912, ch. 147; Laws, 1991, ch. 379 § 2; Laws, 2006, ch. 455, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-48 - Placement of person on probation; form for report

The following form, to be furnished by the county, shall be used in transmitting the required data for any individual placed on probation under the supervision of the Division of Community Corrections of the Department of Corrections:
"Circuit Court, County of ____________________.
To the Mississippi Department of Corrections:
You are hereby notified that at the ____________________ term, 2____________________, of the circuit court, Judge ____________________ presiding, the following named person was tried, convicted and sentenced to a term in the State Penitentiary. The sentence was suspended and the person was placed on probation:
Name ____________________ Alias ____________________
Date of sentence ____________________ Crime ____________________
Term of sentence ____________________ Sex ____________________
Race ____________________ Appealed ____________________
Remarks: Give brief summary of crime committed. ____________________
____________________
____________________
____________________
Dated ____________________, 2____________________. ____________________ Clerk."
Laws, 1991, ch. 379, § 3; Laws, 2002, ch. 624, § 11, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-49 - [Repealed]

Repealed by Laws, 2000, ch. 569, § 18, eff. 7/1/2000.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2(10); 1857, ch. 64, art. 309; 1871, § 2810; 1880, § 3085; 1892, § 1442; 1906, § 1515; Hemingway's 1917, § 1273; 1930, § 1296; 1942, § 2539; Laws, 1984, ch. 448, § 1, eff. 7/1/1984.