In case of an affirmance by the supreme court of a judgment for imprisonment, if the appellant had remained in prison pending the appeal, the time of imprisonment shall be credited to him, but if he have been on bail, the supreme court shall fix the time for the commencement of his imprisonment, under the judgment of affirmance, so as to cause him to suffer the full time of imprisonment fixed by the judgment of the court below.
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