§ 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.
§ 40-10-106. Reports on Elections to Perform Hard Labor
It is the duty of such magistrate to render to the grand jury of the county on the first day of each jury session of the court, a statement in writing and under oath, of the name of each defendant charged with a misdemeanor committed to the county jail by the magistrate, the date of […]
§ 40-10-107. Bond of Witnesses
On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is required to answer, on the second day […]
§ 40-10-108. Form of Bond
The undertaking entered into pursuant to § 40-10-107 may be in substance as follows: State of Tennessee, County of We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of County, on the second […]
§ 40-10-109. Increase of Bond — Surety
Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security. Code 1858, § 5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
§ 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 […]