Public-domain · open source
OpenJurist

Miss. Code Ann. § 99-19-5

Findings of jury

Applied in 49 court decisions — leading case 665 So. 2d 852 - Eakes v. State (1995)

Most recently applied in 8 Cal. 5th 57 - People v. Fontenot (August 2019)

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; 1…

How often courts cite this section

19741980199020002010201950
citing decisions per year

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.

(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.

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.