Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law.
Structure 2021 Tennessee Code
Chapter 20 - Judgment and Sentence
§ 40-20-101. Judgment After Verdict — Modification of Verdict
§ 40-20-102. Discretion as to Fine or Imprisonment
§ 40-20-104. Term Fixed by Court — by Jury
§ 40-20-105. Plea of Guilty — Waiver of Jury
§ 40-20-106. Assessment of Punishment for Misdemeanor When Felony Charged
§ 40-20-109. Jail Sentences and Fines Unaffected
§ 40-20-111. Concurrent or Cumulative Sentences
§ 40-20-112. Judgment of Infamy — Right of Suffrage — Competency as a Witness
§ 40-20-113. Judgment of Infamous Crime to Be Sent to Election Commission
§ 40-20-114. Disqualification From Public Office