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.Codes, 1880, § 3000; 1892, § 1340; 1906, § 1412; Hemingway's 1917, § 1167; 1930, § 1192; 1942, § 2435; Laws, 1928, ch. 43.
Mississippi Legal Code