2021 Tennessee Code
Title 40 - Criminal Procedure
Chapter 13 - Indictments

Part 1 - General Provisions

§ 40-13-101. “Indictment” Defined - Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701,...

§ 40-13-102. Offenses Indictable - All felonies and all misdemeanors are indictable offenses. Code 1932,...

§ 40-13-103. Prosecutor Required - No district attorney general shall prefer a bill of indictment...

§ 40-13-104. Prosecutor Not Required - A prosecutor is dispensed with and the district attorney general...

§ 40-13-105. Concurrence in True Bill - An indictment cannot be found without the concurrence of at...

§ 40-13-106. Endorsement When Indictment Not Found - If twelve (12) grand jurors do not concur in finding...

§ 40-13-107. Endorsement of Names of Witnesses - It is the duty of the foreman of the grand...

§ 40-13-108. Presentation of Indictment - An indictment, when found by the grand jury and endorsed...

§ 40-13-109. Entry in Minutes of Felony Indictments - All indictments for public offenses of the grade of felony,...

§ 40-13-110. Copies of Minutes — New Indictment - Code 1858, §§ 5139, 5140 (deriv. Acts 1839-1840, ch. 105,...

§ 40-13-111. Inspection of Indictment Before Arrest - When an indictment is found against any person not in...

§ 40-13-112. Disclosure of Indictment Before Arrest - Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code...

Part 2 - Form and Sufficiency

§ 40-13-201. Form Generally - An indictment must contain in the caption or body of...

§ 40-13-202. Statement of Offense - The indictment must state the facts constituting the offense in...

§ 40-13-203. Certainty as to Person Charged - The indictment must be certain as to the person charged;...

§ 40-13-204. Presumptions and Matters of Judicial Notice - Presumptions of law and matters of which judicial notice is...

§ 40-13-205. Description of Common Law Crimes - In an indictment for an offense which was indictable at...

§ 40-13-206. Alternative Allegations - Code 1858, § 5121; Shan., § 7084; mod. Code 1932,...

§ 40-13-207. Time of Offense - The time at which the offense was committed need not...

§ 40-13-208. Place of Offense - It is not necessary for the indictment to allege where...

§ 40-13-209. Allegation of Ownership of Property - Code 1858, § 5127; Shan., § 7090; mod. Code 1932,...

§ 40-13-210. Jurisdiction to Support Alleged Judgment - In pleading a judgment or other determination or proceeding before...

§ 40-13-211. Description of Instrument Destroyed or Withheld - When an instrument which is the subject of an indictment...

§ 40-13-212. Alleging Fraud - Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23,...

§ 40-13-213. Alleging Perjury - Code 1858, §§ 5129, 5130 (deriv. 23 George II, ch....

§ 40-13-214. Alleging Libel - An indictment for libel need not set forth any extrinsic...

§ 40-13-215. Alleging Possession of Counterfeit Money - In indictments for fraudulently keeping in possession or concealing counterfeit...

§ 40-13-216. Alleging Conspiracy - Indictments for conspiracy framed under any of the provisions of...

§ 40-13-217. Alleging Gaming - Code 1858, §§ 4883, 4885, 5136 (deriv. Acts 1824, ch....

§ 40-13-218. Alleging Dealing in Futures - In all prosecutions for dealing in futures, no prosecutor shall...

§ 40-13-220. Alleging Grave-Robbing - The indictment for the offense of unlawfully and willfully digging...

§ 40-13-221. Alleging Embezzlement and Breach of Trust - Any indictment charging a felonious taking or appropriation of the...

Part 3 - Capias

§ 40-13-302. Bail - Code 1858, §§ 5105, 5106 (deriv. Acts 1805, ch. 37);...

§ 40-13-303. Mailing and Filing of Return - Code 1858, §§ 5108-5111; Shan., §§ 7071-7074; Code 1932, §§...

§ 40-13-304. Failure to Execute Capias - Any sheriff failing to execute the capias, from want of...