No inquest shall be held by the coroner or any court of general sessions over the dead body of any person until an affidavit, in writing, is made and signed by two (2) or more reliable persons, averring the death of the person and that there is good reason to believe that the person died […]
Any person who falsely, willfully, and corruptly swears out an affidavit as provided for in § 38-5-101 shall be deemed guilty of perjury, and punished as provided for by law for the offense, and in addition to the penalty provided by law for perjury, shall be taxed with all the costs incidental to the inquisition, […]
Courts of general sessions shall have the same power, when called on, to hold juries of inquest over the bodies of deceased persons, as coroners, and have the same fees as are allowed coroners for the same services.
The jury of inquest shall consist of seven (7) jurors who shall be summoned by the coroner and be sworn by such coroner to inquire who the person was, and when, where and by what means that person died, and to render a true verdict on the death, according to the evidence offered the jurors […]
The coroner may issue subpoenas for witnesses, returnable immediately, or at the time and place as the coroner may appoint, and may enforce witnesses’ attendance and punish for contempt and other causes, in like manner as a court of general sessions in a state case. Code 1858, § 5301; Shan., § 7279; Code 1932, § […]
The coroner shall summon and examine as a witness every person who, in the coroner’s opinion, or that of any of the coroner’s jury, has any knowledge of the facts. Code 1858, § 5302; Shan., § 7280; Code 1932, § 11881; T.C.A. (orig. ed.), § 38-406.
The coroner may also summon as a witness a surgeon or physician, when requested so to do by the district attorney general, to make examination of the body, including the performing of an autopsy, and give a professional opinion as to the cause of death, whose fee shall not exceed twenty-five dollars ($25.00), and the […]
The coroner may also, whenever deemed necessary, employ a competent chemist to examine for poison, and make an analysis of suspected substances, whose fee, not exceeding twenty dollars ($20.00), shall be allowed in the bill of costs. Code 1858, § 5304 (deriv. Acts 1849-1850, ch. 75, § 4); Shan., § 7282; Code 1932, § 11883; […]
No allowance shall be made under § 38-5-107 or § 38-5-108, except to persons actually summoned by the coroner for the express purpose, and duly reported by the coroner to the court. Code 1858, § 5305 (deriv. Acts 1849-1850, ch. 75, § 3); Shan., § 7283; Code 1932, § 11884; T.C.A. (orig. ed.), § 38-409.
The summons for the jurors and the subpoenas for witnesses may be served by the sheriff, or any constable of the county, or by the coroner personally. Code 1858, § 5306; Shan., § 7284; Code 1932, § 11885; T.C.A. (orig. ed.), § 38-410.
The jury, after inspecting the body, hearing the testimony, and making all needful inquiries, shall render a verdict by an inquisition in writing, signed by the jury, setting forth as near as may be, who the person was, when, where, and by what means the person died, and whether by the act of another, and […]
The inquisition shall be as follows: State of Tennessee, County. An inquisition held at , in the county and state aforementioned, on the day of , 20 , before , coroner of such county, upon the body of (or a person unknown), there lying dead, by the jurors whose names are hereto subscribed, who upon […]
The coroner shall immediately return the inquisition to the criminal court of the coroner’s county, if any, and, if not, to the circuit court of the county, together with a list of the witnesses who testified to material facts. Code 1858, § 5309; Shan., § 7287; Code 1932, § 11888; T.C.A. (orig. ed.), § 38-413.
The coroner shall also require all material witnesses to enter into an undertaking to appear at such court, if in session, or at the next succeeding term, and may require security for such undertaking, and, for this purpose, the coroner is vested with all the powers of a court of general sessions in state cases. […]
If the jury finds that the deceased died by the act of another by unlawful means, the coroner may arrest the person implicated, if present, and may make out a warrant requiring an officer, or other person authorized by the officer, to take such person before a magistrate, or may commit the person until the […]
If the person charged is not present, the coroner may issue a warrant to the sheriff, or any other lawful officer, requiring the officer to arrest such person and take the person before a magistrate. Code 1858, § 5312; Shan., § 7290; Code 1932, § 11891; T.C.A. (orig. ed.), § 38-416.
The warrant of a coroner in the cases covered by this chapter shall be of equal authority with that of a court of general sessions, and, when the person charged is brought before the court, the person shall be dealt with as a person held under complaint in the usual form. Code 1858, § 5313; […]
After the inquisition, the coroner or medical investigator may deliver the body of the deceased to the deceased’s relatives, if there are any; but if not, the coroner or the medical investigator shall cause the deceased to be decently buried or cremated in accordance with § 68-4-113, and the expense to be paid from the […]
The coroner shall, within forty (40) days after an inquest on a dead body, deliver to the county trustee any money or other property found on the body, unless used for burial, or claimed in the meantime by the legal representatives of the deceased. If the coroner fails so to do, the trustee may, by […]
Upon receipt of the money by the trustee as provided in § 38-5-119, the trustee shall place it to the credit of the county. If it is other property, the trustee shall, within three (3) months, sell it at the courthouse of the county, at public auction, upon reasonable public notice, and shall, in like […]
