Tennessee Statutes
§ 40-3-105 — Prosecution for same offense in both state and municipal court prohibited
Tennessee § 40-3-105
JurisdictionTennessee
Title40
This text of Tennessee § 40-3-105 (Prosecution for same offense in both state and municipal court prohibited) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 40-3-105 (2026).
Text
(a)Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense.
(b)A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court.
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Legislative History
Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305.
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 witnessesCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 40-3-105, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-3-105.