If on the trial of any criminal case the justice court judge discover that it is a felony, and not a misdemeanor, of which the accused has been guilty, he shall not punish the offender nor render any judgment finally disposing of the case, but shall require him to give bail for his appearance in the circuit court, unless the felony be not bailable, in which case the justice shall commit him without bail. A circuit court grand jury may remand a case to justice court to be tried as a misdemeanor after finding that the felony charge presented should be remanded with its bond to justice or municipal court to be tried as a misdemeanor.
Miss. Code Ann. § 99-33-13
Procedure when accused is guilty of felony; remand
Applied in 1 court decision — leading case 947 F. Supp. 954 - McLaughlin v. City of Canton, Miss. (1995)
Most recently applied in 947 F. Supp. 954 - McLaughlin v. City of Canton, Miss. (March 1995)
Codes, 1880, § 2221; 1892, § 2424; Laws, 1906, § 2753; Hemingway’s 1917, § 2252; Laws, 1930, § 2101; Laws, 1942, § 1835; Laws, 2007, ch. 495, § 2, eff from and after July 1, 2007.
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.