Mississippi Code
Miss. Code Ann. § 97-3-27 (2026)
Homicide; killing while committing felony
✓ current as of July 2026
The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any felony, except those felonies enumerated in Section 97-3-19(2)(e) and (f), or while such other is attempting to commit any felony besides such as are above enumerated and excepted, shall be manslaughter.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (6); 1857, ch. 64, art. 170; 1871, § 2633; 1880, § 2880; 1892, § 1154; 1906, § 1232; Hemingway's 1917, § 962; 1930, § 990; 1942, § 2220; Laws, 1994 Ex Sess, ch. 27, § 1, eff. 8/23/1994.
Notes of Decisions
Cited in 58
cases (2 in the last 5 years), 1974–2023 · leading case: Mease v. State, 539 So. 2d 1324 (Miss. 1989).
Mease v. State, 539 So. 2d 1324 (Miss. 1989). “[1] On another reasonable interpretation the facts reflect Mease guilty of manslaughter within Miss. Code Ann. § 97-3-27 (1972). [2] The jury was not told it could or should consider the manslaughter option.”
Jackson v. State, 684 So. 2d 1213 (Miss. 1996). “1992), where a mother appealed her conviction under § 97-3-19(2)(f) for the death of her nine-month old son who died of internal injuries after she punched him in the abdomen when he would not stop crying, this Court held that she was entitled to a lesser included offense…”
Butler v. State, 608 So. 2d 314 (Miss. 1992). “Miss. Code Ann. § 97-3-27 (1972) reads: § 97-3-27.”
Banyard v. State, 47 So. 3d 676 (Miss. 2010). “See Miss.Code Ann. § 97-3-27 (Rev.2006) ("The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any felony, except those felonies enumerated in Section 97-3-19(2)(e) and (f), or…”
Jackson v. State, 672 So. 2d 468 (Miss. 1996). “1992), where a mother appealed her conviction under § 97-3-19(2)(f) for the death of her nine-month old son who died of internal injuries after she punched him in the abdomen when he would not stop crying, this Court held that she was entitled to a lesser included offense…”
Berry v. State, 575 So. 2d 1 (Miss. 1990). “Berry argues *11 that manslaughter is a lesser offense in this case under Miss. Code Ann. § 97-3-27 (1972), and a reasonable hypothetical juror could have convicted Berry of manslaughter under the statute, if he failed to find Berry guilty of kidnapping Mary Bounds, but did find…”
Stevens v. State, 808 So. 2d 908 (Miss. 2002). “Though the trial court did not order the State to do so, the State obtained a second indictment, charging Stevens with manslaughter pursuant to Miss.Code Ann. § 97-3-27, filed August 12, 1999.”
Walker v. State, 671 So. 2d 581 (Miss. 1995). “We conclude that Butler was entitled to have the jury instructed that she could be convicted under Miss. Code Ann. § 97-3-27 , the manslaughter statute.”
Griffin v. State, 557 So. 2d 542 (Miss. 1990). “Miss. Code Ann. § 97-3-27 (1972), does indeed authorize a conviction of manslaughter only when a person is slain without malice during the commission of felonies generally.”
Sheila Ealey v. State of Mississippi, 158 So. 3d 283 (Miss. 2015). “See Miss.Code Ann. §§ 97-3-27, 99-3-19(2)(f) (Rev.”
Nolan v. State, 61 So. 3d 887 (Miss. 2011). “Miss.Code Ann. §§ 97-3-27 to 97-3-47 (Rev.”
Kolberg v. State, 829 So. 2d 29 (Miss. 2002). “) The State further submits that there was nothing in Kolberg I or in Butler which would prevent the prosecution from placing both capital murder and culpable negligence manslaughter (Miss.Code Ann. § 97-3-27) before the jury.”
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