Miss. R. Crim. P. 14.1

As amended through March 21, 2024

Rule 14.1 - Nature and Contents

(a) Contents Generally.

(1) Elements and Notice. The indictment upon which the defendant is to be tried shall be a plain, concise and definite written statement of the essential facts and elements constituting the offense charged and shall fully notify the defendant of the nature and cause of the accusation. Formal and technical words are not necessary in an indictment, if the offense can be substantially described without them.

(2) Other Matters. An indictment shall also include the following:

(A) the name of the accused;

(B) the date on which the indictment was filed in court;

(C) a statement that the prosecution is brought in the name and by the authority of the State of Mississippi;

(D) the county and, in two-district counties, the judicial district in which the indictment is brought;

(E) the date and, if applicable, the time at which the offense was alleged to have been committed;

(F) the signature of the foreperson of the grand jury issuing it; and

(G) the words "against the peace and dignity of the state."

(3) Surplusage. The court, upon motion, may strike from the indictment any surplusage, including unnecessary allegations or aliases.

(b) Enhanced Punishment for Subsequent Offenses. When an indictee may be eligible for enhanced punishment because of one (1) or more prior convictions, the State shall either:

(1) specify such prior conviction(s) in the indictment, identifying each such prior conviction by the name of the crime, the name of the court in which each such conviction occurred and the cause number(s), the date(s) of conviction, and, if relevant, the length of time the accused was incarcerated for each such conviction; or

(2) after indictment, and at least thirty (30) days before trial or entry of a plea of guilty, file with the court formal notice of such prior conviction(s). The notice shall be served upon the defendant or the defendant's attorney and shall contain the same information specified in subsection (1) of this rule. An untimely-filed formal notice is permitted only when the thirty (30) day requirement is expressly waived, in writing, by the defendant. Clerical mistakes in such formal notice may, with leave of the court, be amended prior to the pronouncement of sentence.

(c) Charging the Offense. The indictment shall state for each count the citation of the statute or other provision of law which the defendant is alleged to have violated.

(d) Incorporation by Reference. A count may incorporate by reference facts alleged in a previous count.

(e) Notice of Necessarily Included Offenses. Specification of an offense in an indictment shall constitute notice of a charge of that offense and of all lesser offenses included therein.

(f) Admonishment. The indictment shall neither be shown to the jury, admitted into evidence, nor sent into the jury room.

Miss. R. Crim. P. 14.1

Adopted eff. 7/1/2017.

Comment

Rule 14.1(a) is based upon former Rule 7.06 of the Uniform Rules of Circuit and County Court. The rule now provides that, in addition to the essential facts constituting the offense charged, the indictment must also include the essential elements of the offense charged. This includes all facts and elements necessary to enhance a sentence that are required to be found by a jury. See Apprendi v. United States, 530 U.S. 466, 490, 120 S. Ct. 2348, 2362-63, 147 L. Ed. 2d 435 (2000) ("Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury, and proved beyond a reasonable doubt"). See, e.g., Miss. Code Ann. § 41-29-142 (providing an enhanced penalty for drug crimes that occur in close proximity to a school, church, public park, etc.).

Ten (10) counties contain two (2) judicial districts. Rule 14.1(a)(2)(D) requires the indictment to state whether it is brought in the first or second judicial district of that county.

Rule 14.1(b) builds on practice under former Rule 11.03 of the Uniform Rules of Circuit and County Court. Prior conviction(s) utilized to enhance punishment shall be included in either the indictment or a formal notice filed at least thirty (30) days before trial or the entry of a guilty plea, absent written waiver of the thirty (30) day requirement by the defendant.

Rule 14.1(e) provides that allegations of facts constituting an offense will also encompass all lesser offenses, without the need for an explicit statement to that effect. See Downs v. State, 962 So. 2d 1255 (Miss. 2007); Porter v. State, 616 So. 2d 899 (Miss. 1993).