Table Of Content

^ \ \ CODE SIPPI 1972 Annotated . TABLE OF CONTENTS VOLUME 21A TITLE 99 CRIMINAL PROCEDURE BEGINNING CHAP. SECTION 1. General Provisions; Time Limitations; Costs 99-1-1 3. Arrests 99-3-1 5. Bail 99-5-1 7. Indictment 99-7-1 9. Process 99-9-1 1 1 . Jurisdiction and Venue 99-1 1-1 13. Insanity Proceedings 99-13-1 15. Pretrial Proceedings 99-15-1 17. Trial 99-17-1 18. Mississippi Capital Defense Litigation Act 99-18-1 19. Judgment, Sentence, and Execution 99-19-1 20. Community Service Restitution 99-20-1 21 Fugitives From Other States 99-21-1 23. Peace Bonds 99-23-1 25. Forms 99-25-1 27. Proceedings for Intoxicating Beverage Offenses 99-27-1 29. Vagrancy Proceedings 99-29-1 31 Obscene Publications Proceedings [Repealed] 99-31-1 . 33. Prosecutions Before Justice Court Judges 99-33-1 35. Appeals 99-35-1 36. Victim Assistance Coordinator 99-36-1 37. Restitution to Victims of Crimes 99-37-1 38. Crime Victim's Escrow Account Act 99-38-1 39. Post-Conviction Proceedings 99-39-1 40 Office of Indigent Appeals 99-40-1 41 Mississippi Crime Victims' Compensation Act 99-41-1 . 43. Mississippi Crime Victims' Bill of Rights 99-43-1 45. Statewide Automated Victim Information and Notification System 99-45-1 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmscode197221a CODE MISSISSIPPI 1972 ANNOTATED ADOPTEDAS THE OFFICIALCODE OFTHE STATE OFMISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE VOLUME TWENTY-ONE A CRIMINAL PROCEDURE §§ 99-1-1 to 99-45-9 CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2007 REGULARLEGISLATIVE SESSION AND 1ST EXTRAORDINARYSESSION LexisNexis* QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication,orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments, billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnited Statesand Canada 518-487-3000 Copyright © 1973—2007 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registeredtrademarks, and Michie is a trademark ofReed ElsevierProperties, Inc., used under license. Matthew Bender is a registered trademark ofMatthew Bender Properties, Inc. 4457211 ISBN 1-422-43903-9 (Volume 21A) ISBN 0-327-09628-4 (Code set) LexisNexis Matthew Bender & Company, Inc. P.O. Box 7587, Charlottesville, VA22906-7587 www.lexisnexis.com (Pub.44510) PREFACE The Mississippi Code of 1972, which became effective on November 1, 1973, is the culmination of nearly four years of effort on the part of the Legislature, the Attorney General's office and the publishers, which brings together provisions ofgeneral statutory law having a common subject matter into a more orderly and logical framework of code titles and chapters, and employing a modern and effective section numbering system. A major by- product ofthe code revision will be the state-owned magnetic computer tape containingthe Mississippi Code of1972, whichwillbe ofinvaluable assistance to the Legislature and to the state. The enabling act for the code was a recommendation of the Mississippi State Bar,whichresultedinthe consideration andpassage ofSenate Bill 1964, Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. The Code Committee provided for in that act was comprised of A. F. Summer, Attorney General, Heber Ladner, Secretary ofState, Representative Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- sentative H. L. Meredith, Jr., Chairman, House Judiciary"A"andJudiciary en banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., Chairman, HouseJudiciary"B"Committee, and SenatorWilliamE.Alexander, Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby Robert Penton and Senator Herman B. Decell, Chairman ofHouse and Senate Judiciary "B" Committees, respectively, became members of the Committee, replacing Representative Gore and Senator Collins, SenatorAlexanderhaving been appointed Chairman of Senate Judiciary "A" and Judiciary en banc Committees. The DeputyAttorney General, Delos H. Burks, served the Code Committee as Secretary. SpecialAssistantAttorneyGeneral FredJ. Lotterhos, under the supervision of the Attorney General, was assigned the principal responsibility for the supervision ofthe recodification, including the consideration and treatment ofsome 16,000 sections ofcode manuscript. Final legislative approval was given to the Mississippi Code of 1972 by passage of Senate Bill 2034, Laws of 1972, which was signed by Governor William L. Waller onApril 26, 1972. Acopy ofthat act is set out in Volume 1, following the Publisher's Foreword. The Code Committee is of the opinion that the recodification has been thoroughly and well accomplished, and will result in a greatly improved repository ofthe general statutory law ofthe state. A. F. Summer Attorney General in PUBLISHER'S FOREWORD This 2007 Replacement Volume 21A of the Mississippi Code of 1972 Annotated represents material appearing in both the original 1973 bound volume and the 2000 Replacement Volume 21A, as well as reflecting amend- ments, repeals, and new Code provisions enacted by the Mississippi Legisla- ture through the 2007 Regular and 1st Extraordinary Legislative Sessions. This volume contains the text ofTitle 99, ofthe Mississippi Code of 1972 Annotated, as amended through the 2007 Regular and 1st Extraordinary Legislative Sessions. Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Many ofthese cases were decided under the former statutes in effect prior to the enactment ofthe Code of1972. These earlier cases have been moved to pertinent sections of the Code where they may be useful in interpreting the current statutes. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources thatarereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe most recent cases annotated maynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court and the Court ofAppeals with decision dates up to June 7, 2007, and decisions ofthe appropriate federal courts with decision dates up to April 24, 2007. These cases will be printed in the following reporters: Southern Reporter, 2nd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published Opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. A comprehensive Index appears at the end ofthis volume. Publisher's Foreword Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, P.O. Box 7587, Charlottesville, VA 22906-7587. August 2007 LexisNexis VI