If the judgment be affirmed, on appeal, and the offense be punishable with death, the supreme court shall name the day of execution, and remand the prisoner to the proper county, if necessary; and the sheriff of the county where the prisoner shall have been convicted shall execute the sentence. If the sentence be for confinement in the penitentiary, and the defendant be not present, but in custody, the clerk of the supreme court shall forthwith notify the legal authorities of the penitentiary as in cases of conviction for penitentiary offenses in the circuit court, who shall send for the convict as provided in such cases.
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