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.
Miss. Code Ann. § 99-19-33
Where penalty modified milder penalty may be imposed
Applied in 10 court decisions — leading case 742 So. 2d 1140 - Daniels v. State (1999)
Most recently applied in Douglas Walters v. State of Mississippi (December 2016)
Codes, 1906, § 1574; Hemingway’s 1917, § 1336; 1930, § 1362; 1942, § 2609.
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.