If the judgment be affirmed, on appeal, and the offense be punishable with death, the supreme court shall name the day of execution, and remand the prisoner to the proper county, if necessary; and the sheriff of the county where the prisoner shall have been convicted shall execute the sentence. If the sentence be for confinement in the penitentiary, and the defendant be not present, but in custody, the clerk of the supreme court shall forthwith notify the legal authorities of the penitentiary as in cases of conviction for penitentiary offenses in the circuit court, who shall send for the convict as provided in such cases.Codes, Hutchinson's 1848, ch. 63, art. 15; 1857, ch. 64, art. 313; 1871, § 2814; 1880, § 1434; 1892, § 4371; 1906, § 4937; Hemingway's 1917, § 3213; 1930, § 3396; 1942, § 1980.
Mississippi Legal Code