Legal Glossary

Latin: “To have the body.” Procedure for setting at liberty persons illegally held. Miss. Code Ann. Section 99-39-3 has abolished its use for post-conviction proceedings. As such, it is now generally only brought by a prisoner claiming to be held without having been convicted.

A clause in a deed defining the extent of ownership in the thing granted. Such is usual in a mineral deed.

Error of insufficient prejudicial effect to warrant a reversal. Such is apparent if a fair minded juror, even if the error were rectified, could only have arrived at a verdict of guilt.

A legal proceeding before the court in which testimony is presented, e.g., preliminary hearing, plea hearing, suppression hearing, trial, sentencing, etc.

“A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.” M.R.E. 801(c).

Unlawfully acting in a state of violent and uncontrollable rage.

One who inherits or receives property from another who has died; such person may be male (heir) or female (heiress).

See, LEGAL HOLIDAY.

A last will and testament entirely in the handwriting of the maker and signed at the end; valid in Mississippi even when made without witnesses.

Statutory right of householder to hold exempt from seizure or sale, under execution or attachment, a certain value and acreage of the personal residence.

The killing of one human being by another.

The confinement of a person convicted or charged with a crime to that person’s residence under the terms and conditions established by the department of corrections or court.

A jury which after extensive deliberations cannot agree upon a verdict.

To guarantee a debt by pledging one’s property as security.