All objections to an indictment for any defect dehors the face thereof, presenting an issue to be tried by the court, shall be taken by motion to quash the indictment, and not otherwise, within the time allowed for demurrer, and with the right to amend, as provided in the last preceding section.
Miss. Code Ann. § 99-7-23
Motions to quash
Applied in 5 court decisions — leading case 703 So. 2d 250 - State v. Berryhill (1997)
Most recently applied in Kaleigh Ann Dartez v. State of Mississippi (December 2018)
Codes, 1857, ch. 64, art. 268; 1871, § 2805; 1880, § 3012; 1892, § 1355; 1906, § 1427; Hemingway’s 1917, § 1183; 1930, § 1207; 1942, § 2450.
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.