MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Gipson
AN ACT TO AMEND SECTION 99-7-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHARGES OF CAPITAL MURDER, FIRST-DEGREE MURDER AND SECOND-DEGREE MURDER SHALL BE SUFFICIENT TO CHARGE FOR THE LESSER OFFENSE OF MANSLAUGHTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-7-37, Mississippi Code of 1972, is amended as follows:
99-7-37. (1) In an indictment for homicide it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient to charge in an indictment for murder, that the defendant did feloniously, willfully, and of his malice aforethought, kill and murder the deceased. It shall be sufficient, in an indictment for manslaughter, to charge that the defendant did feloniously kill and slay the deceased, concluding in all cases as required by the Constitution of this state.
(2) An indictment for * * * capital murder shall be sufficient to * * * charge the lesser offense of first-degree
murder, an indictment for first-degree murder or capital murder shall be
sufficient to also charge the lesser offense of second degree murder and/or
manslaughter, and an indictment for second-degree murder shall be sufficient
to charge the lesser offense of manslaughter without a specific allegation
of such lesser crime or crimes and without any necessity for an
additional count charging such lesser crime or crimes.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.