Mississippi Code
Miss. Code Ann. § 97-3-31 (2026)
Homicide; killing unnecessarily, while resisting effort of slain to commit felony or do unlawful act
✓ current as of July 2026
Every person who shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any unlawful act, or after such attempt shall have failed, shall be guilty of manslaughter.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (11); 1857, ch. 64, art. 175; 1871, § 2638; 1880, § 2886; 1892, § 1159; 1906, § 1237; Hemingway's 1917, § 967; 1930, § 995; 1942, § 2225.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1974–2026 · leading case: May v. State, 460 So. 2d 778 (Miss. 1984).
May v. State, 460 So. 2d 778 (Miss. 1984). “On October 18, 1982, the case was called for trial in the Circuit Court of Rankin County, Mississippi, at the conclusion of which the jury found May guilty of the lesser-included offense of manslaughter, Miss. Code Ann. § 97-3-31 (1972). The Circuit Court has sentenced May to a…”
James C. Newell, Jr. v. State of Mississippi, 175 So. 3d 1260 (Miss. 2015). “” Miss. Code Ann. § 97-3-31 (Rev. 2014). Instruction S-4 required the jury to find that Newell killed Boyette unnecessarily while Boyette was committing an unlawful act, which follows the language of Section 97-3- 31.”
Neese v. State, 993 So. 2d 837 (Miss. Ct. App. 2008). “" Miss. Code Ann. § 97-3-31 . Additionally, unlike the majority's suggestion that self-defense and manslaughter are mutually exclusive, the theories of unlawful act manslaughter and self-defense may be alternatively pled with the line of demarcation being whether the jury…”
Wells v. State, 305 So. 2d 333 (Miss. 1974). “" Miss. Code Ann. § 97-3-31 (1972). This section is applicable here because, if in fact it were unnecessary for the defendant to kill the deceased, the defendant was resisting an attack by the deceased.”
Buchanan v. State, 567 So. 2d 194 (Miss. 1990). “Miss. Code Ann. § 97-3-31 (1972) provides: Every person who shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any unlawful act, or after such attempt shall have failed, shall be guilty of manslaughter.”
Mease v. State, 539 So. 2d 1324 (Miss. 1989). “The manslaughter instructions sought by the defense seem directed to unlawful act manslaughter under Section 97-3-31 and heat of passion manslaughter under Section 97-3-35.”
Faraga v. State, 514 So. 2d 295 (Miss. 1987). “1986)] and manslaughter [ Miss. Code Ann. § 97-3-31 et seq. (1972)] would be deemed merged into the capital murder.”
Robinson v. State, 773 So. 2d 943 (Miss. Ct. App. 2000). “See Miss.Code Ann. § 97-3-31 (Rev.1994). ¶ 36.”
Lott v. State, 597 So. 2d 627 (Miss. 1992). “. do some great personal injury... ." Miss.”
Westbrook v. State, 29 So. 3d 828 (Miss. Ct. App. 2009). “Mississippi Code Annotated section 97-3-31 (Rev.2006) states that an “unnecessary killing, either while resisting an attempt by such other person to commit any felony, or to do any unlawful act, or after such attempt shall have failed,” is manslaughter.”
Edge v. State, 393 So. 2d 1337 (Miss. 1981). “The appellant argues that he was justified in shooting Murphy in defense of his wife whose life was being threatened. Mississippi Code Annotated section 97-3-15 (1972).”
Johnson v. Thigpen, 623 F. Supp. 1121 (S.D. Miss. 1985). “§ 97-3-31. Petitioner did not testify at trial.”
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