When, in the opinion of the court, on the trial of any cause, civil or criminal, it is proper, in order to reach the ends of justice, for the court and jury to have a view or inspection of the property which is the subject of litigation, or the place at which the offense is charged to have been committed, or the place or places at which any material fact occurred, or of any material object or thing in any way connected with the evidence in the case, the court may, at its discretion, enter an order providing for such view or inspection as is herein below directed. After such order is entered, the whole organized court, consisting of the judge, jury, clerk, sheriff, and the necessary number of deputy sheriffs, shall proceed, in a body, to such place or places, property, object or thing to be so viewed or inspected, which shall be pointed out and explained to the court and jury by the witnesses in the case, who may, at the discretion of the court, be questioned by the court and by the representative of each side at the time and place of such view or inspection, in reference to any material fact brought out by such view or inspection. The court on such occasion shall remain in session from the time it leaves the courtroom till it returns thereto, and while so in session outside the courtroom it shall have full power to compel the attendance of witnesses, to preserve order, to prevent disturbance and to punish for contempt such as it has when sitting in the courtroom. In criminal trials all such views or inspections must be had before the whole court and in the presence of the accused, and the production of all evidence from all witnesses or objects, animate or inanimate, must be in his presence.
Codes 1892, § 2391; 1906, § 2720; Hemingway's 1917, § 2213; 1930, § 2066; 1942, § 1800.
Notes of Decisions
Cited in
9
cases, 1982–2011 · leading case:
Hansen v. State, 592 So. 2d 114 (Miss. 1991).
Hansen v. State, 592 So. 2d 114 (Miss. 1991).
· cites it 2× “Miss. Code Ann. § 13-5-91 (1972); cf. Tolbert v.”
Smith v. Mississippi State High. Com'n, 423 So. 2d 808 (Miss. 1982).
· cites it 8× “Miss. Code Ann. 13-5-91 (1972). (Emphasis added) Effective January 1, 1972, all the eminent domain statutes previous to that time were repealed and an entirely new eminent domain procedure became effective [Chapter 27, Mississippi Code Annotated (1972)].”
Smith v. State, 839 So. 2d 489 (Miss. 2003).
· cites it 2× “Miss.Code Ann. § 13-5-91 (Rev. 2002) provides in part that When, in the opinion of the court, on the trial of any cause, civil or criminal, it is proper, in order to reach the ends of justice, for the court and jury to have a view or inspection of the property which is the…”
Green v. State, 614 So. 2d 926 (Miss. 1993).
· cites it 3× “Miss. Code Ann. § 13-5-91 (1972) says in pertinent part: When, in the opinion of the court, .”
Tolbert v. State, 511 So. 2d 1368 (Miss. 1987).
· cites it 2× “The Circuit Court heard testimony and argument on the motion and denied it, finding that there was a reasonable probability that there had been a material change in the physical characteristics of the scene in the years since the incident.”
Lindsey v. State, 754 So. 2d 506 (Miss. Ct. App. 1999).
· cites it 2× “1987) sets forth the standard of review with regard to transporting juries to crime scenes: Miss.Code Ann. § 13-5-91 (1972) gives the trial court discretionary authority to enter an order providing for the court and jury to view or inspect the place at which the offense has…”
Hutchins v. Page Contractors, Inc., 513 So. 2d 944 (Miss. 1987).
· cites it 2× “§ 13-5-91 (1972), which provides in part: When, in the opinion of the court, on the trial of any cause, civil or criminal, it is proper, in order to reach the ends of justice, for the court and jury to have a view or inspection of the property which is the subject of litigation,…”
Clark v. Toyota Motor Sales U.S.A., Inc., 108 So. 3d 407 (Miss. Ct. App. 2011).
· cites it 4× “Miss. Code Ann. § 13-5-91 (Rev.2002). During the trial, the circuit judge allowed the jury to observe the truck and an undamaged similar truck, an “exemplar,” at the street curb outside of the courtroom.”
Thomas Edward Smith v. State of Mississippi, No. 2001-KA-01235-SCT (Miss. June 20, 2001).
· cites it 2× “Miss. Code Ann. § 13-5-91 (Rev. 2002) provides in part that When, in the opinion of the court, on the trial of any cause, civil or criminal, it is proper, in order to reach the ends of justice, for the court and jury to have a view or inspection of the property which is the…”
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