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Mississippi Code

Miss. Code Ann. § 99-7-5 (2026)

Allegations of time; want of perfect venue

✓ current as of July 2026
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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 stating the offense to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened, nor for the want of a proper or perfect venue.

Codes, 1857, ch. 64, art. 266; 1871, § 2803; 1880, § 3013; 1892, § 1356; 1906, § 1428; Hemingway's 1917, § 1184; 1930, § 1208; 1942, § 2451.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1975–2026 · leading case: Davis v. State, 866 So. 2d 1107 (Miss. Ct. App. 2003).
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Davis v. State, 866 So. 2d 1107 (Miss. Ct. App. 2003). · cites it 4× “" Mississippi Code Annotated section 99-7-5 states: 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…”
Norman v. State, 385 So. 2d 1298 (Miss. 1980). · cites it 2× “1970), and Mississippi Code Annotated section 99-7-5 (1972), which states: "[A]n indictment for any offense shall not be insufficient .”
Garner v. State, 856 So. 2d 729 (Miss. Ct. App. 2003). · cites it 4× “Garner contends that the trial court was without authority to amend the indictment and that his conviction should be set aside and this case dismissed because of lack of jurisdiction.”
Little v. State, 744 So. 2d 339 (Miss. Ct. App. 1999). · cites it 4× “" Miss.Code Ann. § 99-7-5 (Rev.1994). We have nothing before us that would suggest that time was an essential element of this crime, nor is there any indication that the lack of specificity struck a critical blow to Little's defense, such as might be the case were Little…”
Baker v. State, 930 So. 2d 399 (Miss. Ct. App. 2005). · cites it 2× “Quoting section 99-7-5 of the Mississippi Code that "`stating the time [for an offense] imperfectly' does not render an indictment insufficient `where time is not of the essence of the offense,'" the Court found nothing in the record to suggest that time was an essential element…”
Leonard v. State, 972 So. 2d 24 (Miss. Ct. App. 2008). · cites it 2× “According to Section 99-7-5 of the Mississippi Code (Rev.”
Pegues v. State, 65 So. 3d 351 (Miss. Ct. App. 2011). · cites it 4× “” Miss.Code Ann. § 99-7-5 (Rev.2007). And this court has applied section 99-7-5 to the pretrial demurrer of an indictment that failed to charge venue and found the failure was “a procedural defect that may be amended upon order of the trial court without the necessity of grand…”
Jordan v. State, 80 So. 3d 817 (Miss. Ct. App. 2010). · cites it 2× “2007) specifically addresses allegations of time in an indictment and provides that: 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…”
Brown v. State, 983 So. 2d 1059 (Miss. Ct. App. 2008). · cites it 2× “Mississippi Code Annotated Section 99-7-5 states that “[a]n 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.”
James v. State, 777 So. 2d 682 (Miss. Ct. App. 2000). · cites it 2× “07 and Miss.Code Ann. § 99-7-2 (Rev.1994). The counts were severed before James went to trial; therefore, any error that may have resulted from the joinder of the counts was cured when the counts were severed.”
Holmes v. State, 754 So. 2d 529 (Miss. Ct. App. 1999). · cites it 2× “Miss.Code Ann. § 99-7-5 (Rev. 1994) provides that "[a]n indictment for any offense shall not be insufficient for .”
Wilson v. State, 515 So. 2d 1181 (Miss. 1987). “MCA § 99-7-5 (1975) 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 stating the offense…”
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