Miss. Code Ann. § 99-11-33: Acquittal or conviction by justice of the peace for misdemeanor not to bar prosecution for felony.
Where this section sits in the code
- Title 99. Criminal Procedure
- Chapter 11. Jurisdiction and Venue
The acquittal or conviction of a person by a justice of the peace, or a county court on a charge of being guilty of a misdemeanor, shall not be a bar to a prosecution for a felony in the same matter; but thereafter, on indictment for the felony, if the accused be acquitted thereof, he shall not be convicted of the constituent misdemeanor; and, if convicted of the felony, the court may moderate the sentence so as not to punish for the constituent misdemeanor.
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