When an indictment shall be lost or destroyed, or quashed or abated, or the judgment thereon arrested or reversed for any defect therein or in the record, or for any matter of form or other cause, not being an acquittal on the merits, the further time of one year from the time when such indictment shall be lost, destroyed, quashed or abated, or the judgment thereon arrested or reversed, shall be allowed for the finding of a new indictment.
Miss. Code Ann. § 99-1-9
Time limitation on prosecutions; additional year allowed in certain cases
Applied in 3 court decisions — leading case State v. Buckhalter (2013)
Most recently applied in State v. Padilla (March 2023)
Codes, 1857, ch. 64, art. 249; 1871, § 2768; 1880, § 3004; 1892, § 1344; 1906, § 1416; Hemingway’s 1917, § 1172; 1930, § 1196; 1942, § 2439.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.