Mississippi Code

Miss. Code Ann. § 99-9-23 (2026)

Witness subpoenaed in vacation to appear before grand jury

✓ current as of July 2026
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Any district attorney or conservator of the peace may apply to the clerk of the circuit court in vacation for writs of subpoena for any witness to attend before the grand jury. It shall be the duty of the clerk to issue all subpoenas thus applied for, and it shall be the duty of all witnesses subpoenaed to attend in obedience to the command of such subpoena. If such witnesses fail to appear, the foreman of the grand jury may apply for and obtain an attachment, as in other cases of defaulting witnesses, and such witnesses shall be liable to all the penalties to which any defaulting witness is subject.

Codes, 1880, § 1678; 1892, § 3456; 1906, § 3955; Hemingway's 1917, § 2962; 1930, § 3008; 1942, § 1890; Laws, 1983, ch. 499, § 27, eff. 7/1/1983.


Notes of Decisions
Cited in 2 cases, 1977–2016 · leading case: Dillon Williams v. State of Mississippi, 218 So. 3d 1190 (Miss. Ct. App. 2016).
Dillon Williams v. State of Mississippi, 218 So. 3d 1190 (Miss. Ct. App. 2016). · cites it 4× “I would find that the circuit court lacked jurisdiction to enhance the sentence for the charge of aggravated assault, making the forty-year sentence illegal; therefore, I respectfully dissent. ¶16. Successive motions are generally barred under the Mississippi Uniform Post-…”
McCrory v. State, 342 So. 2d 897 (Miss. 1977). · cites it 2× “Miss. Code Ann. § 99-9-23 (1972). It is nonsense to suppose that the Legislature intended that witnesses might be summoned but not interrogated.”
— Miss. Code Ann. § 99-9-23(6) — 1 case
Dillon Williams v. State of Mississippi, 218 So. 3d 1190 (Miss. Ct. App. 2016). “I would find that the circuit court lacked jurisdiction to enhance the sentence for the charge of aggravated assault, making the forty-year sentence illegal; therefore, I respectfully dissent. ¶16. Successive motions are generally barred under the Mississippi Uniform Post-…”
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