Mississippi Code
Miss. Code Ann. § 41-36-3 (2024)
Determination of death
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
An individual who has sustained either (a) irreversible cessation of circulatory and respiratory functions or (b) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
Laws, 1981, ch. 410, § 2, eff. 3/24/1981.
Notes of Decisions
Cited in 2
cases, 1986–1989 · leading case: West v. State, 485 So. 2d 681 (Miss. 1986).
West v. State, 485 So. 2d 681 (Miss. 1986). “The eyewitnesses testified that almost immediately after West forced his entrance into Brim's apartment, a shot was fired, the bullet penetrated the heart, and therefore counsel argue that under Miss. Code Ann. § 41-36-3 Brim was most certainly dead since the sexual battery, if…”
West v. State, 553 So. 2d 8 (Miss. 1989). “He says the evidence shows Brim was "dead" almost immediately after his entry into the apartment, citing Miss. Code Ann. § 41-36-3 (Supp. 1981) which reads as follows: An individual who has sustained either (a) irreversible cessation of circulatory and respiratory functions or…”
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