§ 40-10-110. Minors as Witnesses
Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify. Code 1858, § 5070; Shan., § 7029; Code 1932, § 11569; […]
§ 40-10-111. Commitment of Witnesses
Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail. Code 1858, § 5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
§ 40-10-112. Bail of Witnesses
In case of commitment pursuant to § 40-10-111, the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required. Code 1858, § 5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § […]
§ 40-10-113. Magistrates Acting in Association
Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them. Code 1858, § 5075; Shan., § 7034; Code 1932, § 11574; […]
§ 40-10-114. Waiver of Preliminary Hearing — Objection by State
The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant’s request for waiver.
§ 40-10-101. Notice of Charge and Right to Counsel
When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant’s right to aid of counsel in every stage of the […]
§ 40-10-102. Time Allowed to Procure Counsel
The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose. Code 1858, § 5049; Shan., § 7009; Code 1932, § 11548; T.C.A. (orig. ed.), § 40-1102.
§ 40-10-103. Separation and Exclusion of Witnesses
The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, on demand of either party, put all witnesses under the […]
§ 40-10-104. Bail
If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant giving sufficient bail in the sum required, and make […]
§ 40-10-105. Election by Prisoner to Perform Hard Labor
The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial. It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election for hard labor, and of the advantages […]