Tennessee Code Annotated
Tenn. Code Ann. § 40-13-101 (2026)
"Indictment" defined
✓ current as of May 2026
- (a) An indictment is an accusation in writing presented by the grand jury of the county charging a person with an indictable offense.
- (b) Wherever in this code "indictment" is used, it shall be taken to include presentment whenever the context so requires or will permit.
Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701, 40-1702.
Notes of Decisions
Cited in 10
cases, 1986–2019 · leading case: State v. Street, 768 S.W.2d 703 (Tenn. Crim. App. 1988).
State v. Street, 768 S.W.2d 703 (Tenn. Crim. App. 1988). “Tenn.Code Ann. § 40-13-101(a). See Crumley v.”
State v. Brackett, 869 S.W.2d 936 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-13-101(a); see Crumley v.”
Wine v. Wine, 245 S.W.3d 389 (Tenn. Ct. App. 2007). “We note that the indictment was presented to the court; however, it proves nothing other than he has been accused of committing the crime of theft of property over $60,000.”
State v. Mingledorff, 713 S.W.2d 88 (Tenn. Crim. App. 1986). “T.C.A. § 40-13-101 defines an indictment as an accusation in writing presented by the grand jury of the county, charging a person with an indictable offense.”
State of Tennessee v. Missy Daniella Lane (Tenn. Crim. App. 2019). “” T.C.A. § 40-13-101(b) (2006). A presentment is derived directly from article I, section 14, of the Tennessee Constitution, which provides “[t]hat no person shall be put to answer any criminal charge but by presentment, indictment or impeachment.”
Clarence Carnell Gaston v. State of Tennessee (Tenn. Crim. App. 2005). “” 1 Embodied w ith in T ennessee Code Annotated section 40-13-101, the compact at Article III, section (a) provides: W henever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the…”
State of Tennessee v. Wilbur Deck, Jr. (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 40-13-101 (b) (1997). The Defendant contends that the presentment in this case is fatally flawed.”
State of Tennessee v. Clyde T. Smith (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 40-13-101 (a) (1997). There must be more than a “mere accusation” if the grounds for revocation is the commission of a new offense; indeed, the State is required to establish sufficient facts at the revocation hearing to enable the court to make a proper…”
State v. Jose Holmes (Tenn. Crim. App. 1997). “” Tenn. Code Ann. § 40-13-101 (a) (1990). While charging someone with -8- an offense does not require a recitation of the proof against that person, it does require a clear designation of the person who is charged.”
State v. Danny King (Tenn. Crim. App. 1998). “§ 40-13-101(b) (1995). 4 “unlawful sexual penetration of another accompanied by any of the following circumstances” including causing personal injury to the victim and aiding and abetting by one or more persons when force is used to accomplish the act.”
— Tenn. Code Ann. § 40-13-101(a) — 3 cases
Wine v. Wine, 245 S.W.3d 389 (Tenn. Ct. App. 2007). “We note that the indictment was presented to the court; however, it proves nothing other than he has been accused of committing the crime of theft of property over $60,000.”
State v. Street, 768 S.W.2d 703 (Tenn. Crim. App. 1988). “Tenn.Code Ann. § 40-13-101(a). See Crumley v.”
State v. Brackett, 869 S.W.2d 936 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-13-101(a); see Crumley v.”
— Tenn. Code Ann. § 40-13-101(b) — 4 cases
State v. Street, 768 S.W.2d 703 (Tenn. Crim. App. 1988). “Tenn.Code Ann. § 40-13-101(a). See Crumley v.”
State v. Brackett, 869 S.W.2d 936 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-13-101(a); see Crumley v.”
State of Tennessee v. Missy Daniella Lane (Tenn. Crim. App. 2019). “” T.C.A. § 40-13-101(b) (2006). A presentment is derived directly from article I, section 14, of the Tennessee Constitution, which provides “[t]hat no person shall be put to answer any criminal charge but by presentment, indictment or impeachment.”
State v. Danny King (Tenn. Crim. App. 1998). “§ 40-13-101(b) (1995). 4 “unlawful sexual penetration of another accompanied by any of the following circumstances” including causing personal injury to the victim and aiding and abetting by one or more persons when force is used to accomplish the act.”
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