All indictments and the report of the grand jury must be presented to the clerk of the circuit court by the foreman of the grand jury or by a member of such jury designated by the foreman, with the foreman's name endorsed thereon, accompanied by his affidavit that all indictments were concurred in by twelve (12) or more members of the jury and that at least fifteen (15) were present during all deliberations, and must be marked "filed," and such entry be dated and signed by the clerk. It shall not be required that the body of the grand jury be present and the roll called. An entry on the minutes of the court of the finding or presenting of an indictment shall not be necessary or made, but the endorsement by the foreman, together with the marking, dating, and signing by the clerk shall be the legal evidence of the finding and presenting to the court of the indictment. Unless the party indicted be in custody or on bond or recognizance entry of the indictment otherwise than by its number shall not be made at any time or for any purpose on the minutes or on any docket, nor shall any publicity be given to the fact of the existence of the indictment; but it shall never be made an objection to the indictment that it was improperly entered on the minutes or docket. A warrant for the person indicted shall immediately issue and be served on the person so indicted. After the arrest of the person indicted, and prior to arraignment, a copy of the indictment shall be served on such person.
Nothing contained herein, however, shall be construed to prohibit a prosecutor with knowledge of the status of a criminal charge from informing the victim, or, if the victim be deceased, a member of the immediate family of the victim, named in an indictment or in an application for an indictment as to the status of said charge at any time, consistent with established rules of court.
Codes, 1857, ch. 64, art. 257; 1871, § 2794; 1880, § 3006; 1892, § 1346; 1906, § 1418; Hemingway's 1917, § 1174; 1930, § 1198; 1942, § 2441; Laws, 1964, ch. 354; Laws, 1977, ch. 307; Laws, 1991, ch. 421, § 1; Laws, 2008, ch. 397, § 1, eff. 7/1/2008.
Notes of Decisions
Cited in
41
cases (
5 in the last 5 years), 1974–2025 · leading case:
McCormick v. State, 377 So. 2d 1070 (Miss. 1979).
McCormick v. State, 377 So. 2d 1070 (Miss. 1979).
· cites it 17× “The court erred in refusing to sustain a demurrer to the indictment when said indictment was not accompanied by the affidavit of the foreman as required by Mississippi Code Annotated section 99-7-9 (1978 Supp.). The facts are somewhat bizarre.”
William Scott Ashwell v. State of Mississippi, 226 So. 3d 69 (Miss. 2017).
· cites it 4× “A major problem with the circuit court’s reasoning is that, for a circuit court to obtain jurisdiction over a criminal defendant, the indictment “must be presented to the clerk of the circuit court .”
Hunt v. State, 11 So. 3d 764 (Miss. Ct. App. 2009).
· cites it 6× “Hunt contends the indictments for cause numbers CR06-798 and CR06-799 are defective in that they violate the requirements for validity under Mississippi Code Annotated section 99-7-9 (Rev.2007) and Mississippi Uniform Rule of Circuit and County Court 7.”
Carroll v. State, 963 So. 2d 44 (Miss. Ct. App. 2007).
· cites it 6× “Miss.Code Ann. § 99-7-9 (Rev.2000). His specific concerns include: that the record does not show the minutes of the grand jury, that the indictment is not stamped "filed," that there is no proof of the number of present jurors, and that there was no sworn oath by the foreman of…”
Jones v. State, 356 So. 2d 1182 (Miss. 1978).
· cites it 6× “Mississippi Code Annotated section 99-7-9 (1972) under the general heading "Criminal procedure" provides in part: All indictments must be presented to the court by the foreman of the grand jury, with his name endorsed thereon, in the presence of at least twelve (12) of such…”
Jackson v. State, 377 So. 2d 1060 (Miss. 1979).
· cites it 9× “" Miss. Code Ann. § 99-7-9 (Supp. 1977). NOTE: The emphasized portion of the above statute constitutes the 1977 amendment.”
George Lee Parks v. State of Mississippi, 228 So. 3d 853 (Miss. Ct. App. 2017).
· cites it 2× “In pertinent part, Mississippi Code Annotated section 99-7-9 (Rev. 2016) states, “After the arrest of the person indicted, and prior to arraignment, a copy of the indictment shall be served on such person.”
Wilson v. State, 904 So. 2d 987 (Miss. 2004).
· cites it 2× “Third, Wilson tells us his indictment was not accompanied by the affidavit of the grand jury foreman and is, therefore, not in compliance with Miss.Code Ann. § 99-7-9 (Rev.2000). Again, Wilson failed to assert this objection at the trial level, and therefore it is deemed waived…”
Williams v. State, 131 So. 3d 1174 (Miss. 2014).
· cites it 2× “Miss.Code Ann. § 99-7-9 (Rev.2007) ("All indictments .”
Jordy Devonte Johnson v. State of Mississippi, 196 So. 3d 1118 (Miss. Ct. App. 2016).
· cites it 4× “See Miss.Code Ann. § 99-7-9. As our caselaw recognizes, these two alleged defects in Johnson’s indictment are nonjuris-dictional.”
Qualls v. State, 947 So. 2d 365 (Miss. Ct. App. 2007).
· cites it 2× “06; Miss.Code Ann. § 99-7-9 (Rev.2000). We find that the second indictment was properly filed with the circuit clerk, and had this argument been brought before the trial court, the judge in possession of the original record could easily have rejected it.”
Brooks v. State, 573 So. 2d 1350 (Miss. 1990).
“See § 99-7-9, Miss. Code Ann. (Supp. 1990); McCormick v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.