Mississippi Code

Miss. Code Ann. § 99-1-7 (2026)

Time limitation on prosecutions; commencement of prosecution

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit.

Codes, 1857, ch. 64, art. 248; 1871, § 2767; 1880, § 3003; 1892, § 1343; 1906, § 1415; Hemingway's 1917, § 1171; 1930, § 1195; 1942, § 2438.

Notes of Decisions

Cited in 41 cases (5 in the last 5 years), 1975–2026 · leading case: John Lee Franklin v. State of Mississippi, 170 So. 3d 481 (Miss. 2015).

Sort: Relevance Newest Treatment

John Lee Franklin v. State of Mississippi, 170 So. 3d 481 (Miss. 2015). · cites it 14× “Page predicated this declaration with the following: “For purposes of our state constitutional right to counsel, we define the advent of the accusatory stage by reference to state law[,] Miss. Code § 99-1-7 . . . .” Id. at 439. ¶22.”

Crawford v. State, 754 So. 2d 1211 (Miss. 2000). · cites it 4× “This Court stated in Woodall that commencement of prosecution is defined by Miss.Code Ann. § 99-1-7 (1994) and provides that "[a] prosecution may be commenced, within the meaning of section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to…”

Nixon v. State, 533 So. 2d 1078 (Miss. 1987). · cites it 2× “See Miss. Code Ann. § 99-1-7 (1972); Cannaday v.”

Gray v. State, 728 So. 2d 36 (Miss. 1998). · cites it 2× “1992) (quoting Miss. Code Ann. § 99-1-7 (Miss.1972)). ś 189.”

Cannaday v. State, 455 So. 2d 713 (Miss. 1984). · cites it 2× “In Mississippi, commencement of prosecution is governed by Mississippi Code Annotated section 99-1-7 (1972) where prosecution can be commenced "by the issuance of a warrant or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as…”

State v. Woodall, 744 So. 2d 747 (Miss. 1999). · cites it 8× “Miss.Code Ann. § 99-1-7 (1994). However, the trial court found issuance of a warrant only applies to commence prosecution in misdemeanor cases.”

Ormond v. State, 599 So. 2d 951 (Miss. 1992). · cites it 2× “" Miss. Code Ann. § 99-1-7 (1972). This right to counsel "attaches at the point in time when `the initial appearance under Rule 1.”

Tolbert v. State, 511 So. 2d 1368 (Miss. 1987). · cites it 2× “Miss. Code Ann. § 99-1-7 (1972). It may be made less formally when, acting without a warrant, law enforcement authorities place an accused under arrest.”

Livingston v. State, 519 So. 2d 1218 (Miss. 1988). · cites it 4× “In this case, we look to more recent caselaw and the applicable law found in Mississippi Code Annotated, section 99-1-7 (Supp. 1986). A prosecution may be commenced, within the meaning of section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender…”

Nicholson v. State, 523 So. 2d 68 (Miss. 1988). · cites it 2× “A bit of explanation is in order. Nicholson was in custody at least as early as the evening of September 3, 1985.”

City of Mound Bayou v. Johnson, 562 So. 2d 1212 (Miss. 1990). · cites it 2× “Miss. Code Ann. § 99-1-7 (1972); Jimpson v.”

Veal v. State, 585 So. 2d 693 (Miss. 1991). · cites it 2× “Throughout, Veal's father waited in the Sheriff's office outside the interrogation room.”

Show all 41 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.