Mississippi Code

Miss. Code Ann. § 99-35-103 (2026)

When state or municipality may appeal

✓ current as of July 2026

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The state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases:

(a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.

(b) From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.

(c) From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.

Codes, 1892, § 39; Laws, 1906, § 40; Hemingway's 1917, § 16; Laws, 1930, § 19; Laws, 1942, § 1153; Laws, 1991, ch. 573, § 140, eff. 7/1/1991.

Notes of Decisions

Cited in 43 cases (2 in the last 5 years), 1989–2022 · leading case: State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002).

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State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002). · cites it 2× “04 (state may appeal any pretrial order of court); Miss. Code Ann. 99-35-103 (state may file post-trial appeal on any question of law; no retrial permitted); Mo.”

State v. Berryhill, 703 So. 2d 250 (Miss. 1997). · cites it 3× “The State presently appeals the trial court's ruling under the authority of Miss. Code Ann. § 99-35-103 (1994). It argues that the ruling was erroneous inasmuch as Berryhill's motion was filed after the issuance of the venire facias, and was further erroneous since capital…”

State v. Rogers, 847 So. 2d 858 (Miss. 2003). · cites it 3× “Following the jury's acquittal of Rogers, the State appeals pursuant to Miss.Code Ann. § 99-35-103(b) [1] (Rev. 2000) and asks this Court to determine: I.”

Hamin Shaheed v. State of Mississippi, 205 So. 3d 1105 (Miss. Ct. App. 2016). · cites it 2× “A circuit court has the authority “to suspend the imposition or execution of [a criminal] sentence” “except in a case where a death sentence or life 3 If the defendant appeals his conviction, the State may file a cross-appeal raising alleged errors in the imposition of his…”

Abram v. State, 606 So. 2d 1015 (Miss. 1992). “Both sides correctly note that the answer lies in Miss. Code Ann. § 99-35-103 (c) (Supp. 1991).”

Cox v. State, 849 So. 2d 1257 (Miss. 2003). “NOTES [1] See Miss.Code Ann. § 99-35-103 (Rev. 2000). [2] Rowland lived in an apartment in Charleston prior to moving out to his cabin in the county.”

State v. Shaw, 880 So. 2d 296 (Miss. 2004). “Pursuant to Miss.Code Ann. § 99-35-103(b) (Rev.2000), [1] which provides in relevant part that: The state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases: .”

Friley v. State, 879 So. 2d 1031 (Miss. 2004). “[3] The citation to the statute in the indictment contains a typographical error. The correct citation is § 97-3-95(1)(a) (Supp.”

State v. Hicks, 806 So. 2d 261 (Miss. 2002). · cites it 2× “This Court cautiously reviews motions for interlocutory appeal to ensure that the appeal meets all requirements of Miss.Code Ann. § 99-35-103 (2000) and Rule 5 of the Mississippi Rules of Appellate Procedure.”

Common Cause of Mississippi v. Smith, 548 So. 2d 412 (Miss. 1989). “Plaintiffs' counsel suggests that an appeal from dismissal of a petition for criminal contempt lies under Miss. Code Ann., § 99-35-103(b) (1972). However, any reliance on that statute is misplaced.”

Ex Parte Jones Cnty. Grand Jury, 705 So. 2d 1308 (Miss. 1997). · cites it 3× “Pacific argues that the Jones County Grand Jury cannot appeal the ruling in this case because Miss. Code Ann. § 99-35-103 only allows the State to appeal in a criminal case under the following inapplicable circumstances: a) from a judgment sustaining a demurrer to, or a motion…”

Pool v. State, 724 So. 2d 1044 (Miss. Ct. App. 1998). · cites it 2× “The State's cross-appeal is authorized by Miss.Code Ann. § 99-35-103 (Rev.1994). This statute authorizes appeals by the State: (a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or…”

Show all 43 citing cases →

— Miss. Code Ann. § 99-35-103(a) — 3 cases

State v. Parkman, 106 So. 3d 378 (Miss. Ct. App. 2012).

State v. J.L.M., 996 So. 2d 740 (Miss. 2008).

State v. JLM, 996 So. 2d 740 (Miss. 2008).

— Miss. Code Ann. § 99-35-103(a)(1994) — 2 cases

State v. U.G., 726 So. 2d 151 (Miss. 1998).

State v. UG, 726 So. 2d 151 (Miss. 1998).

— Miss. Code Ann. § 99-35-103(b) — 6 cases

State v. Rogers, 847 So. 2d 858 (Miss. 2003). “Following the jury's acquittal of Rogers, the State appeals pursuant to Miss.Code Ann. § 99-35-103(b) [1] (Rev. 2000) and asks this Court to determine: I.”

State v. McMurry, 906 So. 2d 43 (Miss. Ct. App. 2004).

State of Mississippi v. Brandon Rawlings, 196 So. 3d 200 (Miss. Ct. App. 2016).

— Miss. Code Ann. § 99-35-103(c) — 3 cases

Powell v. State, 824 So. 2d 661 (Miss. Ct. App. 2002).

Pool v. State, 724 So. 2d 1044 (Miss. Ct. App. 1998). “The State's cross-appeal is authorized by Miss.Code Ann. § 99-35-103 (Rev.1994). This statute authorizes appeals by the State: (a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or…”

Wilson v. State, 101 So. 3d 1182 (Miss. Ct. App. 2012).

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