Tennessee Statutes
§ 40-20-106 — Assessment of punishment for misdemeanor when felony charged
Tennessee·Title 40
Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law.
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Related
Robert L. Leach, Jr. v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2010)
Legislative History
Acts 1947, ch. 82, § 1a, as added by Acts 1949, ch. 202, § 1; C. Supp. 1950, § 11765.1 (Williams, § 11760.1a); T.C.A. (orig. ed.), § 40-2706.
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