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:
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.
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.
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.
Structure Mississippi Code
Article 3 - Appeals to Supreme Court and Related Procedures
§ 99-35-103. When state or municipality may appeal
§ 99-35-105. Prepayment of costs; appeal without prepayment; reimbursement of successful appellants
§ 99-35-107. Deposit for costs; security for jail fees
§ 99-35-109. Bail after conviction of misdemeanor
§ 99-35-111. Bail after conviction of misdemeanor; judge may fix amount of bond
§ 99-35-113. Failure of appellant on bond to appear in misdemeanor cases
§ 99-35-119. Failure of appellant on bond to appear in felony cases
§ 99-35-127. Sheriff of Hinds County to receive prisoners; fees
§ 99-35-129. Execution of sentence; counsel may prosecute appeal
§ 99-35-131. Appellant granted credit for time served in prison pending appeal
§ 99-35-135. Remand and custody of prisoner on affirmance of sentence
§ 99-35-137. Copy of death sentence to be delivered to sheriff
§ 99-35-139. Prisoner to be delivered to sheriff of proper county if new trial ordered