Mississippi Code
Miss. Code Ann. § 99-17-3 (2026)
Peremptory challenges; number allowed
✓ current as of July 2026
In capital cases the defendant and the state shall each be allowed twelve peremptory challenges. In cases not capital the accused and the state each shall be allowed six peremptory challenges; but all peremptory challenges by the state shall be made before the juror is presented to the prisoner. In all cases the accused shall have presented to him a full panel before being called upon to make his peremptory challenges.
Codes, Hutchinson's 1848, ch. 65, art. 8; 1857, ch. 64, art. 297; 1871, § 2761; 1880, § 3076; 1892, § 1423; 1906, § 1496; Hemingway's 1917, § 1254; 1930, § 1277; 1942, § 2520; Laws, 1908, ch. 172.
Notes of Decisions
Cited in 26
cases (1 in the last 5 years), 1975–2024 · leading case: Simmons v. State, 805 So. 2d 452 (Miss. 2001).
Simmons v. State, 805 So. 2d 452 (Miss. 2001). “Simmons relies on Miss. Code Ann. § 99-17-3 [9] to support his argument.”
Gray v. Mississippi, 481 U.S. 648 (1987). “Bounds was called to the jury box, the prosecutor had exercised all 12 of the State's peremptory challenges, see Miss. Code Ann. § 99-17-3 (1972), 4 of which apparently were exercised for reasons unrelated to the panel members' responses to Witherspoon questions.”
Weeks v. State, 804 So. 2d 980 (Miss. 2001). “Miss.Code Ann. § 99-17-3 (2000). The trial record in the case sub judice has some confusion in the numbering of the twelve strikes.”
Hansen v. State, 592 So. 2d 114 (Miss. 1991). “Miss. Code Ann. § 99-17-3 (1972). He exercised but seven three being used on jurors Woodward, Adams and Conduit.”
Burns v. State, 813 So. 2d 668 (Miss. 2001). “Any additional challenges by the Defendant? MR. ELLIS: No, your honor. THE COURT: Let the record reflect that.”
Malcolm Horton v. State of Mississippi, 253 So. 3d 334 (Miss. Ct. App. 2018). “Mississippi Code Annotated section 99-17-3 (Rev. 2015) provides in part: "In capital cases the defendant and the [S]tate shall each be allowed twelve peremptory challenges.”
Stewart v. State, 662 So. 2d 552 (Miss. 1995). “Miss. Code Ann. § 99-17-3 (1972); Unif.Crim.”
Carter v. State, 799 So. 2d 40 (Miss. 2001). “Miss.Code Ann. § 99-17-3 (1972); Unif.Crim.”
Miles v. State, 864 So. 2d 963 (Miss. Ct. App. 2003). “He points out that Mississippi Code Annotated section 99-17-3 allows a defendant twelve peremptory challenges in capital cases.”
Tubbs v. State, 402 So. 2d 830 (Miss. 1981). “*837 Tubbs also argues under this assignment of error that he should have been given twenty-four (24) peremptory challenges rather than the twelve (12) permitted by section 99-17-3 Mississippi Code Annotated (1972).”
Johnson v. State, 512 So. 2d 1246 (Miss. 1987). “WAS IT ERROR FOR THE COURT NOT TO ALLOW THE APPELLANTS ADDITIONAL CHALLENGES AND NOT TO DISMISS FOR CAUSE JUROR GLENDA MYERS HERRINGTON? Miss. Code Ann. § 99-17-3 (1972) provides that "In capital cases the defendant and the state shall each be allowed twelve peremptory…”
Osborne v. State, 404 So. 2d 545 (Miss. 1981). “In his first assignment of error Osborne contends that because the habitual offenders statute subjected him to punishment of life imprisonment, he was charged with a capital offense and thus, was entitled under Miss. Code Ann. § 99-17-3 (1972) to twelve peremptory challenges to…”
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