Miss. R. Crim. P. 14.4

As amended through October 31, 2024

Rule 14.4 - Amendment of Indictments; Defects in Indictments

(a) Amendment of Indictments. For good cause shown, indictments may be amended as to form but not as to the substance of the offense charged. Amendment may be allowed only if the defendant is afforded a fair opportunity to present a defense and is not unfairly surprised.

(b) Raising Defect in Indictment. Defects respecting the indictment shall be raised by written motion.

Adopted eff. 7/1/2017.

Comment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. . . ." U.S. Const. amend. V. See also Miss. Const. art. 3, § 27.

Rule 14.4(a) allows an indictment to be amended as to form only upon a showing of good cause.

Under Rule 14.4(b), issues previously raised by demurrer or motion to quash the indictment may be brought in a motion to dismiss. See Miss. Code Ann. §§ 99-7-21, 99-7-23. A motion to dismiss the indictment also may be based upon objections to the composition of the grand jury, the legal insufficiency of, or a defect in, the indictment, or the failure of the indictment to charge an offense.