No person shall be tried for capital murder, or any other crime punishable by death as provided by law, unless such offense was specifically cited in the indictment returned against the accused by setting forth the section and subsection number of the Code defining the offense alleged to have been committed by the accused. The judge, in cases where the offense cited in the indictment is punishable by death, may grant an instruction for the state or the defendant which instructs the jury as to their discretion to convict the accused of the commission of an offense not specifically set forth in the indictment returned against the accused. Any conviction of the accused for an offense punishable by death shall not be valid unless the offense for which the accused is convicted shall have been set forth in the indictment by section and subsection number of the Code which defined the offense allegedly committed by the accused.
Laws, 1974, ch. 576, § 6(3); Laws, 1977, ch. 458, § 10, eff. 4/13/1977.
Notes of Decisions
Cited in
54
cases (
4 in the last 5 years), 1975–2024 · leading case:
Fulgham v. State, 46 So. 3d 315 (Miss. 2010).
Fulgham v. State, 46 So. 3d 315 (Miss. 2010).
· cites it 20× “See also U.S. Const. amend. XIV; Miss. Const.”
Jackson v. State, 337 So. 2d 1242 (Miss. 1976).
· cites it 6× “In addition, section 99-17-20 contains, among other things, the following language: The judge, in cases where the offense cited in the indictment is punishable by death, shall grant no instruction for the state or the defendant which instructs the jury as to their discretion to…”
Goff v. State, 14 So. 3d 625 (Miss. 2009).
· cites it 4× “2006) (citing Miss.Code Ann. § 99-17-20)). In addition, "[o]ur death penalty statute clearly states the only aggravating circumstances which may be relied upon by the prosecution in seeking the ultimate punishment.”
Robert Carson v. State of Mississippi, 212 So. 3d 22 (Miss. 2016).
· cites it 4× “2009); Miss. Code Ann. § 99-17-20 ). We concluded in Batiste that requiring the State to list the items stolen within a capital-murder indictment with the underlying felony of robbery would, in fact, “require even more detail than a robbery indictment” alone.”
Jones v. State, 461 So. 2d 686 (Miss. 1984).
· cites it 4× “Jones invokes Miss. Code Ann. § 99-17-20 (Supp. 1983) which provides, in pertinent part, as follows: No person shall be tried for capital murder, or for any other crime punishable by death as provided by law, unless such offense was specifically cited in the indictment returned…”
Ross v. State, 954 So. 2d 968 (Miss. 2007).
· cites it 2× “See Miss. Code Ann. § 99-17-20 (Rev.2000). Thus, although it is not required under federal or Mississippi law, the indictment in this case included one of the aggravating circumstances.”
Lambert v. State, 462 So. 2d 308 (Miss. 1984).
· cites it 4× “The indictment clearly complied with Mississippi Code Annotated section 99-17-20 (1972) which requires that a capital murder indictment must set forth the section and subsection number of the code defining the offense alleged to have been committed.”
Rhymes v. State, 356 So. 2d 1165 (Miss. 1978).
· cites it 12× “Section 99-17-20, Mississippi Code Annotated (1972), as amended by the 1976 Supplement, provides that where a crime is punishable by death, the offense shall be specifically cited in the indictment by setting forth the section and subsection number of the Code defining the…”
Batiste v. State, 121 So. 3d 808 (Miss. 2013).
· cites it 2× “2006)); Miss.Code Ann. § 99-17-20 (Rev.2007). No further detail is required.”
Bennett v. State, 933 So. 2d 930 (Miss. 2006).
· cites it 2× “See Miss.Code Ann. § 99-17-20. Thus, although it is not required under federal or Mississippi law, the indictment in this case included one of the aggravating circumstances.”
MacKbee v. State, 575 So. 2d 16 (Miss. 1990).
· cites it 2× “§ 99-17-20 (Supp. 1990), provides in pertinent part: No person shall be tried for capital murder or any other crime punishable by death as provided by law, unless such offense was specifically cited in the indictment returned against the accused by setting forth the section and…”
Bell v. State, 360 So. 2d 1206 (Miss. 1978).
· cites it 2× “Mississippi Code Annotated section 99-17-20 (Supp. 1977) requires that an indictment charging *1209 capital murder specifically cite the section and subsection of the Code relied on to constitute the offense.”
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