§ 40-23-117. Death Sentence Stands if Not Carried Out at Scheduled Time
When, from any cause, an inmate sentenced to death has not been executed pursuant to the sentence, the sentence stands in full force, and shall be carried into execution by the court in which the inmate was tried. Code 1858, § 5279; Shan., § 7259; Code 1932, § 11861; T.C.A. (orig. ed.), § 40-3121.
§ 40-23-118. Warrant for Apprehension of Condemned Inmate
If such convict is at large, the court or any magistrate may issue a warrant for the convict’s apprehension, and, if no good reason is shown for the convict’s discharge, shall commit the convict to abide the order and sentence of the court. Code 1858, § 5280; Shan., § 7260; Code 1932, § 11862; T.C.A. […]
§ 40-23-119. Order of Execution After Arrest of Condemned Prisoner
Upon the convict being brought before the court, it shall inquire into the circumstances, and, if no legal reason exists against the execution of the sentence, shall order the warden of the state penitentiary in which the death chamber is located to execute the defendant on a day to be fixed by the court. Code […]
§ 40-23-116. Manner of Executing Sentence of Death — Witnesses
In all cases in which the sentence of death has been passed upon any person by the courts of this state, it is the duty of the sheriff of the county in which the sentence of death has been passed to remove the person so sentenced to death from that county to the state penitentiary […]
§ 40-23-107. Safekeeping of Inmates — Transfers to Penitentiary
In counties where, because of the insufficiency of the county jail, or for any other cause, the court may be of opinion that the safekeeping of the inmates may require it, the court may order the immediate removal of inmates to the penitentiary or to the nearest branch prison, at the cost of the state, […]
§ 40-23-108. Order Specifying Number of Guards for Removal of Prisoners
It is the duty of the criminal and circuit judges of this state, at the adjournment of their courts or earlier, if the number of persons convicted justify it, to make an order specifying the number of guards the sheriff shall have in conveying to the supreme court, or to the penitentiary, the person or […]
§ 40-23-109. Warrant to Summon Aid in Removal of Prisoners
The judge or clerk of the court may, by warrant in writing, empower the sheriff charged with the conveyance of the convict, in all counties and places through which the sheriff may pass with the prisoner, to summon or impress such and so many persons, not exceeding two (2) for each convict, except as otherwise […]
§ 40-23-110. Summons of Additional Guards
If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional […]
§ 40-23-111. Qualifications of Guard
The additional guard or guards that the sheriff and other officers are authorized to summon to assist in conveying convicts to the penitentiary, or to and from the penitentiary, and to prevent a rescue, shall consist of able bodied persons, who shall not be under eighteen (18) years of age. Code 1858, § 5593 (deriv. […]
§ 40-23-112. Juror Disqualified to Act as Guard
The sheriff shall not summon any person as a guard to assist in taking the prisoner to the penitentiary, whom the person, as a juror, convicted. Code 1858, § 5268; Shan., § 7246; Code 1932, § 11853; T.C.A. (orig. ed.), § 40-3115.