§ 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 […]
§ 40-23-110. 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.
§ 40-23-113. Report by Sheriff to Department of Correction
Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to […]
§ 40-23-114. Death by Lethal Injection — Election of Electrocution — Electrocution as Alternative Method
For any person who commits an offense for which the person is sentenced to the punishment of death, the method for carrying out this sentence shall be by lethal injection. Any person who commits an offense prior to January 1, 1999, for which the person is sentenced to the punishment of death may elect to […]
§ 40-23-115. Maintenance of Death Chamber
The commissioner of correction shall ensure that a permanent and suitable death chamber is kept and maintained within a penitentiary of this state, as defined in § 41-1-101(b), and that an electrical apparatus, together with all necessary appliances sufficient for the infliction of punishment of death as provided in § 40-23-114, is kept and maintained […]
§ 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 […]