It is the duty of the judge of each circuit court to designate a day or days of the term, to be known as the state’s day, on which to take up the criminal docket, and to dispose of criminal cases. Code 1858, § 5594 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., § 7635; […]
It is the duty of the judge of each circuit court to adopt such rules of practice in the trial of criminal cases, from time to time, as may tend to diminish the costs of criminal cases. Code 1858, § 5595 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., § 7636; Code 1932, § 12265; […]
The names of the jurors are written on separate scrolls, placed in a box or other receptacle, and drawn out by a child under ten (10) years of age, by the judge, or some person agreed upon by the district attorney general and the defendant. Code 1858, § 5213; Shan., § 7182; Code 1932, § […]
A challenge to an individual juror, grand or petit, may be made by the state because the juror is surety on the bail undertaking of any person whose case will come before the jury on which service is required. Code 1932, § 10013; T.C.A. (orig. ed.), § 40-2508.
In impaneling a jury for the trial of any felony, the court shall not swear any of the jurors until the whole number is selected for a jury. Code 1858, § 5215 (deriv. Acts 1817, ch. 171 (172 in Scott’s Revisal), § 6); Shan., § 7184; Code 1932, § 11748; T.C.A. (orig. ed.), § 40-2511.
When, in the judgment of the court trying criminal cases, wholesome food and proper lodging cannot be provided for the petit jurors for a lesser sum, the court shall have the power to make arrangements to provide the jurors with proper board and lodging while serving on the jury, and to pay for board and […]
A final adjournment of the court discharges the jury. Code 1858, §§ 5218, 5219; Shan., §§ 7191, 7192; Code 1932, §§ 11754, 11755; T.C.A. (orig. ed.), §§ 40-2513, 40-2514; Acts 2008, ch. 1159, § 4.
In all cases where a jury is legally discharged, the case may be again tried at the same or another term of the court. Code 1858, § 5221; Shan., § 7194; Code 1932, § 11757; T.C.A. (orig. ed.), § 40-2515.
When requested by a party in writing prior to the trial judge’s instructions to the jury in a criminal case, the trial judge shall instruct the jury as to the law of each offense specifically identified in the request that is a lesser included offense of the offense charged in the indictment or presentment. However, […]
A general verdict of guilty will be sustained if there is any one (1) good count in the indictment sustained by proof, although the other counts may be fatally defective. Code 1858, § 5217; Shan., § 7190; Code 1932, § 11753; T.C.A. (orig. ed.), § 40-2519.
Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the jury is satisfied that the act was committed with one (1) of […]
Upon an indictment against several defendants, any one (1) or more may be convicted or acquitted. In an indictment against several defendants, if the jury cannot agree upon a verdict as to all, the jury may render a verdict as to those defendants in regard to whom the jury agrees, on which a judgment shall […]
Where an indictable offense is punished by fine, or by fine and imprisonment, the jury shall assess the fine, if, in its opinion, the offense merits a fine over fifty dollars ($50.00). Code 1858, § 5237; Shan., § 7212; Code 1932, § 11799; T.C.A. (orig. ed.), § 40-2525.
In the discretion of the trial judge, in all cases where a woman is sworn as a member of the jury in a felony case, the court may appoint a woman bailiff or deputy sheriff as one (1) of the officers sworn to take charge of the jury, and the woman bailiff or deputy sheriff […]
In all criminal prosecutions, except those in which a death sentence may be rendered, jurors shall only be sequestered at the sound discretion of the trial judge, which shall prohibit the jurors from separating at times when they are not engaged upon actual trial or deliberation of the case.
In all criminal cases in which the trial judge charges the jury on the law relating to the defense of insanity, the judge shall also charge the jury that, if it should find the defendant to be not guilty by reason of insanity, that it shall so state in its verdict.
Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and the state is entitled to fifteen (15) peremptory challenges for each such defendant. If the offense charged […]
When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a […]
