Mississippi Code
Miss. Code Ann. § 99-17-5 (2026)
Peremptory challenges; joint defendant must agree
✓ current as of July 2026
Defendants tried jointly must agree in their challenges made without cause, and shall be entitled to only the number to which one defendant is entitled.
Codes, 1880, § 3070; 1892, § 1419; 1906, § 1492; Hemingway's 1917, § 1250; 1930, § 1273; 1942, § 2516.
Notes of Decisions
Cited in 3
cases, 1984–1994 · leading case: Johnson v. State, 512 So. 2d 1246 (Miss. 1987).
Johnson v. State, 512 So. 2d 1246 (Miss. 1987). “Miss. Code Ann. § 99-17-5 (1972) states that "Defendants tried jointly must agree in their challenges made without cause, and shall be entitled to only the number to which one defendant is entitled.”
Blanks v. State, 451 So. 2d 775 (Miss. 1984). “*778 The above section has been the law in this state for more than one hundred years, has never been seriously challenged, and is a complete answer to the error assigned.”
James Bernard Lawson v. State of Mississippi, No. 94-KA-00474-SCT (Miss. Feb. 10, 1994). “Section 99-17-5 of the Mississippi Code provides: An indictment for any offense shall not be insufficient for omitting to state the time at which the offense was committed in any case where time is not of the essence of the offense, nor for stating the time imperfectly, nor for…”
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