All objections to an indictment for a defect appearing on the face thereof, shall be taken by demurrer to the indictment, and not otherwise, before the issuance of the venire facias in capital cases, and before the jury shall be impaneled in all other cases, and not afterward. The court for any formal defect, may, if it be thought necessary, cause the indictment to be forthwith amended, and thereupon the trial shall proceed as if such defect had not appeared.
Structure Mississippi Code
§ 99-7-1. Indictment may charge offenses according to common law or statute
§ 99-7-3. Formal or technical words not necessary
§ 99-7-5. Allegations of time; want of perfect venue
§ 99-7-7. How instruments pleaded
§ 99-7-11. Concurrence of twelve grand jurors required for finding
§ 99-7-13. Secret record book; accused may be tried on copy made from record book
§ 99-7-15. Authority to inspect indictment limited to certain officers until arrest made
§ 99-7-17. Dilatory pleas; must be verified by oath
§ 99-7-19. Dilatory pleas; amendment of indictment or information
§ 99-7-21. Demurrers; when filed; amendment of indictment
§ 99-7-25. Amendment where name of unknown defendant is discovered