2020 Tennessee Code
Title 40 - Criminal Procedure
Chapter 5 - Magistrates and Judicial Commissioners
Part 1 - Examination Before Magistrates
§ 40-5-105. Disposition by Magistrate

Universal Citation: TN Code § 40-5-105 (2020)

The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or witnesses at the proper court.

Code 1858, § 5018 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6977; Code 1932, § 11516; T.C.A. (orig. ed.), § 40-606.

Cross-References. Admission to bail, title 40, ch. 11, part 1.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 20.

Law Reviews.

The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976).

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