Tennessee Statutes
§ 40-13-212 — Alleging fraud
Tennessee·Title 40
(a)In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded.
(b)In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded.
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Legislative History
Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23, §§ 73, 74; 1841-1842, ch. 48, §§ 5, 6); Shan., §§ 7089, 7097; Code 1932, §§ 11634, 11643; T.C.A. (orig. ed.), §§ 40-1813, 40-1814.
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnesses