SEC. 99-11-33. Acquittal or conviction by justice of the peace for misdemeanor not to bar prosecution for felony.
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.
SOURCES: Codes, 1880, Sec. 3000; 1892, Sec. 1340; 1906, Sec. 1412; Hemingway's 1917, Sec. 1167; 1930, Sec. 1192; 1942, Sec. 2435; Laws, 1928, ch. 43.