Mississippi Code
Miss. Code Ann. § 97-17-19 (2026)
and 97-17-21 - [Repealed]
✓ current as of July 2026
Repealed by Laws, 1996, ch. 519, §§ 2-3, eff.4/11/1996.
§ 97-17-19. [Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(11); 1857, ch. 64, art. 45; 1871, § 2522; 1880, § 2738; 1892, § 991; 1906, § 1068; Hemingway's 1917, § 796; 1930, § 812; 1942, § 2038] § 97-17-21. [Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(10); 1857, ch. 64, art. 44; 1871, § 2521; 1880, § 2737; 1892, § 990; 1906, § 1066; Hemingway's 1917, § 794; 1930, § 810; 1942, § 2036]
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1983–2023 · leading case: Taylor v. United States, 495 U.S. 575 (1990).
Taylor v. United States, 495 U.S. 575 (1990). “266, § 15 (1990); Miss. Code Ann. § 97-17-19 (1972); W. Va.”
Brown v. State, 102 So. 3d 1087 (Miss. 2012). “Miss.Code Ann. § 97-17-19 (1996) (emphasis added), repealed by Laws 1996, Ch.”
Jaco v. State, 574 So. 2d 625 (Miss. 1990). “Miss. Code Ann. § 97-17-19 (1972). The Jaco brothers were indicted as habitual offenders.”
Bogard v. State, 624 So. 2d 1313 (Miss. 1993). “However, the evidence is sufficient to sustain a conviction for the lesser included offense of burglary of an unoccupied dwelling and we affirm as to Bogard's guilt of that offense and remand for resentencing under Miss. Code Ann. § 97-17-19 and § 99-19-83.”
Hodges v. State, 912 So. 2d 730 (Miss. 2005). “Miss.Code Ann. § 97-17-19 (1972). This Court has held that since the offense of burglary itself requires an underlying crime, an indictment for burglary that does not specify what crime the accused intended to commit is fatally defective.”
State v. Medious, 722 So. 2d 1086 (La. Ct. App. 1998). “Furthermore, defendant's prior conviction was obtained in Mississippi, for one count of burglary of a dwelling, in violation of then Miss.Code Ann. § 97-17-19 [4] .9 The defendant committed the predicate offense on November 21,1986, at which time the Louisiana statute most…”
White v. State, 616 So. 2d 304 (Miss. 1993). “I On January 30, 1990, a Simpson County Grand Jury indicted Joan White, Ervin Sullivan and Mike Crews for the burglary of a dwelling under Miss. Code Ann. § 97-17-19 (1972) [1] . In particular, the indictment charged White, Sullivan and Crews with the November 30, 1989, break-in…”
Pearson v. State, 428 So. 2d 1361 (Miss. 1983). “Miss. Code Ann. § 97-17-19 (1972). Pearson thereafter timely filed a motion for a new trial, attacking both his conviction and sentence.”
Lambert v. State, 462 So. 2d 308 (Miss. 1984). “The factor raising the crime from simple murder to capital murder was that it was committed in the course of an attempted burglary.”
State v. Berryhill, 703 So. 2d 250 (Miss. 1997). “Miss. Code Ann. § 97-17-19 . [2] Count II of the original indictment charged Berryhill with an attempted kidnaping.”
Barnwell v. State, 567 So. 2d 215 (Miss. 1990). “See, Miss. Code Ann. § 97-17-19 (1972). The burglary of an inhabited dwelling carries a penalty of seven (7) to fifteen (15) years in Parchman ( Miss.”
Templeton v. State, 725 So. 2d 764 (Miss. 1998). “Miss.Code Ann. § 97-17-19 (1994) (repealed 1996).”
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