Mississippi Code

Miss. Code Ann. § 97-3-47 (2026)

Homicide; all other killings

✓ current as of July 2026
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Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.

Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (19); 1857, ch. 64, art. 182; 1871, § 2645; 1880, § 2893; 1892, § 1166; 1906, § 1244; Hemingway's 1917, § 974; 1930, § 1002; 1942, § 2232.


Notes of Decisions
Cited in 126 cases (9 in the last 5 years), 1973–2025 · leading case: Nolan v. State, 61 So. 3d 887 (Miss. 2011).
Nolan v. State, 61 So. 3d 887 (Miss. 2011). · cites it 23× “The Court of Appeals found that the State did not produce sufficient evidence to support a conviction of heat-of-passion manslaughter, but found that the facts supported a conviction of manslaughter under Mississippi Code Section 97-3-47 (Rev.2006) and thus upheld Nolan’s…”
Mayfield v. State, 612 So. 2d 1120 (Miss. 1992). · cites it 18× “WHERE MAYFIELD HAD BEEN INDICTED AND TRIED ON A CHARGE OF MANSLAUGHTER? Mayfield was tried on an indictment which charged the defendant with two counts of manslaughter by culpable negligence pursuant to Miss. Code Ann. § 97-3-47 (1972): COUNT I That GEORGE W.”
Grace Ann McCarty v. State of Mississippi, 247 So. 3d 260 (Miss. Ct. App. 2017). · cites it 8× “The jury did not state under which theory of manslaughter they found Grace guilty, nor did the trial court inquire into such; however, the “Notice of Criminal Disposition” from the trial-court clerk’s office stated that Grace was sentenced under Mississippi Code Annotated…”
Williams v. State, 31 So. 3d 69 (Miss. Ct. App. 2010). · cites it 10× “2005) (citing Miss. Code Ann. § 97-3-47 (Rev.2000)). Aggravated assault occurs when a person “causes such injury .”
Holland v. State, 587 So. 2d 848 (Miss. 1991). · cites it 4× “These instructions refer to Miss. Code Ann. § 97-3-47 (1972): "Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.”
David Thomas v. State of Mississippi, 249 So. 3d 331 (Miss. 2018). · cites it 4× “” Miss. Code Ann. § 97-3-47 (Rev. 2014). Heat-of-passion manslaughter is “[t]he killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a deadly weapon, without authority of law, and not in necessary self-defense.”
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018). · cites it 4× “” Miss. Code Ann. § 97-3-47 (Rev. 2014). Culpable negligence has been defined as negligence of a degree so gross as to be tantamount to a wanton disregard of, or utter indifference to, the safety of human life.”
Hardy v. State, 137 So. 3d 289 (Miss. 2014). · cites it 8× “” Miss.Code Ann. § 97-3-47 (Rev.2006). The indictment contains the name of the accused (Hardy), the date of the incident (May 30, 2010), the county (Rankin), the crime charged (manslaughter) and the signature of the foreman.”
Whitehurst v. State, 540 So. 2d 1319 (Miss. 1989). · cites it 6× “SULLIVAN, Justice, for the Court: Larry Anthony Whitehurst was convicted by jury in the Circuit Court of Tate County of culpably negligent manslaughter pursuant to Miss. Code Ann., § 97-3-47 (1972). Whitehurst was sentenced by the court to serve a term of twelve (12) years in…”
State v. Buckhalter, 119 So. 3d 1015 (Miss. 2013). · cites it 12× “, CONCURS IN RESULT ONLY WITH SEPARATE WRITTEN OPINION JOINED BY KITCHENS AND CHANDLER, JJ. . The Attorney General’s Office has not filed a brief in this matter.”
Skylar O'Kelly v. State of Mississippi, 267 So. 3d 282 (Miss. Ct. App. 2018). · cites it 6× “§ 97-3-47 (Rev. 2014). Our Supreme Court has defined “culpable negligence” as “negligence of a degree so gross as to be tantamount to a wanton disregard, or utter indifference to, the safety of human life.”
Craig v. State, 520 So. 2d 487 (Miss. 1988). · cites it 8× “§ 63-11-30 (1), (4), but does not rise to the degree of culpable negligence required for a manslaughter conviction, Miss. Code Ann. § 97-3-47 , we affirm his conviction of the former and remand solely for the purpose of proper sentencing under Miss.”
— Miss. Code Ann. § 97-3-47(1972) — 2 cases
Hardy v. State, 137 So. 3d 289 (Miss. 2014). “” Miss.Code Ann. § 97-3-47 (Rev.2006). The indictment contains the name of the accused (Hardy), the date of the incident (May 30, 2010), the county (Rankin), the crime charged (manslaughter) and the signature of the foreman.”
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