Mississippi Code
Miss. Code Ann. § 99-17-35 (2024)
Instructions to jury
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
The judge in any criminal cause, shall not sum up or comment on the testimony, or charge the jury as to the weight of evidence; but at the request of either party he shall instruct the jury upon the principles of law applicable to the case. All instructions asked by either party must be in writing, and all alterations or modifications of instructions given by the court or refused shall be in writing, and those given may be taken out by the jury on its retirement. The clerk, before they are read or given to the jury, shall mark all instructions asked by either party, or given by the court, as being "given" or "refused," as the case may be, and all instructions so marked shall be a part of the record, on appeal, without a bill of exceptions.
Codes, Hutchinson's 1848, ch. 61, art. 1(144); 1857, ch. 61, art. 161; 1871, § 643; 1880, § 1714; 1892, § 732; 1906, § 793; Hemingway's 1917, § 577; 1930, § 586; 1942, § 1530.
Notes of Decisions
Cited in 70
cases (2 in the last 5 years), 1975–2025 · leading case: Dominic C. Robinson v. State of Mississippi, 247 So. 3d 1212 (Miss. 2018).
Dominic C. Robinson v. State of Mississippi, 247 So. 3d 1212 (Miss. 2018). “” Miss. Code Ann. § 99-17-35 (Rev. 2015). A jury instruction should not be given if it singles out certain evidence in a manner amounting to a comment on the weight of the evidence.”
Roach v. State, 7 So. 3d 911 (Miss. 2009). “" Miss.Code Ann. § 99-17-35 (Rev.2007). On these grounds, we have reversed convictions ruled over by judges who were far kinder to witnesses.”
Hancock v. State, 964 So. 2d 1167 (Miss. Ct. App. 2007). “Miss.Code Ann. § 99-17-35 (Rev.2000). Additionally, it is well settled that "[a]n instruction which is on the weight of the evidence or which singles out and gives undue prominence to certain portions of the evidence is erroneous.”
Howell v. State, 860 So. 2d 704 (Miss. 2003). “Hansen further stated that: Our law of criminal procedure has long perceived dangers in comments upon the evidence, and in that regard we have for years had a statute, Miss. Code Ann.§ 99-17-35 (1972), which reads in pertinent part: The judge in any criminal cause, shall not sum…”
Newell v. State, 308 So. 2d 71 (Miss. 1975). “) This statute, with slight modification, has been reenacted to the present as Section 11-7-155 (civil cause), Mississippi Code Annotated (1972), and Section 99-17-35 [1] (criminal cause), Mississippi Code Annotated (1972).”
Hansen v. State, 592 So. 2d 114 (Miss. 1991). “[12] *141 Our law of criminal procedure has long perceived dangers in comments upon the evidence, and in that regard we have for years had a statute, Miss. Code Ann. § 99-17-35 (1972), which reads in pertinent part: The judge in any criminal cause, shall not sum up or comment on…”
Kolberg v. State, 829 So. 2d 29 (Miss. 2002). “Accordingly, this assignment of error is without merit. ¶ 141. Finally, Kolberg's claim that it was "double error" for the trial judge to say that he was "disappointed" in defense counsel in front of the jury: Kolberg cites Miss.”
Austin v. State, 784 So. 2d 186 (Miss. 2001). “Hansen further stated that: Our law of criminal procedure has long perceived dangers in comments upon the evidence, and in that regard we have for years had a statute, Miss.Code Ann. § 99-17-35 (1972), which reads in pertinent part: The judge in any criminal cause, shall not sum…”
Foster v. State, 508 So. 2d 1111 (Miss. 1987). “Miss. Code Ann. § 99-17-35 (1972); Stewart v.”
King v. State, 857 So. 2d 702 (Miss. 2003). “The trial judge may instruct the jury upon applicable principles of law (1) at the request of a party, as provided by Miss.Code Ann. § 99-17-35 (Rev.1994), or (2) on the court's own motion as specified in URCCC 3.”
Montgomery v. State, 891 So. 2d 179 (Miss. 2004). “Good character is a positive, substantive fact and may of itself be sufficient to generate in your minds reasonable doubt as to the guilt of the defendant so as to require an acquittal, although without it the other evidence would be convincing of guilt.”
Victory v. State, 83 So. 3d 370 (Miss. 2012). “See Miss.Code Ann. § 99-17-35 (Rev.2007) (“The judge in any criminal cause, shall not sum up or comment on the testimony, or charge the jury as to the weight of evidence; but at the request of either party he shall instruct the jury upon the principles of law applicable to the…”
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