In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
On appearance of the appellant in the circuit court the case shall be tried anew and disposed of as other cases pending therein.
Codes, Hutchinson's 1848, ch. 50, art. 14(4); 1857, ch. 58, art. 23; 1871, § 1335; 1880, § 2355; 1892, § 86; 1906, § 87; Hemingway's 1917, § 69; 1930, § 68; 1942, § 1202; Laws, 1956, ch. 216; Laws, 1968, ch. 308, § 1; Laws, 1988, ch. 416, § 1; Laws, 1989, ch. 403, § 1, eff. 7/1/1989.
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1984–2023 · leading case:
Thigpen v. Roberts, 468 U.S. 27 (1984).
Thigpen v. Roberts, 468 U.S. 27 (1984).
· cites it 2× “2d 209, 211 (CA5 1966); Miss. Code Ann. § 99-35-1 et seq. (1972).”
Mitchell v. Parker, 804 So. 2d 1066 (Miss. Ct. App. 2001).
· cites it 3× “" Miss Code Ann. § 99-35-1 (Rev.2000). The municipal judge will set the amount, which is to be between $100 and $1,000.”
In Re Chisolm, 837 So. 2d 183 (Miss. 2003).
· cites it 2× “02 of the Uniform Rules of Circuit and County Court Practice and Miss.Code Ann. § 99-35-1 (2002). Chapman's second contention is that it was error to issue a writ of mandamus when there was an adequate remedy at law.”
Raspberry v. City of Aberdeen, 964 So. 2d 1211 (Miss. Ct. App. 2007).
· cites it 2× “Finally, Raspberry contends the circuit court did not affirmatively prove his name was called out three times in open court on the date of the hearing. ¶ 13. A right of appeal is granted following a conviction of a criminal offense by a municipal court “on appearance of the…”
Ostrander v. State, 803 So. 2d 1172 (Miss. 2002).
“" Ostrander filed a notice of appeal pursuant to Miss.Code Ann. § 99-35-1 to the Circuit Court of Greene County.”
Winder v. State, 640 So. 2d 893 (Miss. 1994).
“He filed on the forty-first (41st) day, therefore, he filed late, albeit only one day.”
Stidham v. State, 750 So. 2d 1238 (Miss. 1999).
“Any defect in the judgment of the justice court is harmless because Stidham appealed and received a jury trial de novo in circuit court, as provided by law, Miss. Code Ann. § 99-35-1 (1994). CONCLUSION ¶ 32.”
Murray v. State, 870 So. 2d 1182 (Miss. 2004).
· cites it 3× “Murray filed a response to that motion which stated that he believed himself to have forty days, as stated by statute, Miss.Code Ann. § 99-35-1 (Rev.2000), as opposed to thirty days as stated in Rule 12.”
Jones v. State, 972 So. 2d 579 (Miss. 2008).
“We reverse the judgment of the circuit court dismissing Jones's appeal and remand this case to the Circuit Court of Tunica County for a trial de novo on the merits. ¶ 8. REVERSED AND REMANDED.”
Sanchez v. City of Picayune, 656 So. 2d 92 (Miss. 1995).
· cites it 2× “The City presumptively argues this point for the proposition that the circuit court lacked jurisdiction over the appeal because of Sanchez's alleged failure to timely file.”
Wheat v. City of Picayune, 631 So. 2d 141 (Miss. 1994).
· cites it 4× “03 of the Uniform Criminal Rules of Circuit Court Practice and Miss.Code Ann. § 99-35-1. As a result, the circuit court dismissed his appeal with a Writ of Procedendo on August 23, 1991.”
Milone v. Flowers, 758 F. Supp. 2d 362 (S.D. Miss. 2010).
· cites it 2× “2009) (providing that a criminal defendant aggrieved by the decision of a justice court may appeal the decision to circuit court, or county court in those counties that have county courts, and that an accused citizen who perfects an appeal is entitled to trial de novo in county…”
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