Tennessee Code Annotated
Tenn. Code Ann. § 40-2-105 (2026)
Suspension of statute because of irregularities in prosecution
✓ current as of May 2026
When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged.
Code 1932, § 11486; T.C.A. (orig. ed.), § 40-207.
Notes of Decisions
Cited in 2
cases, 2004–2004 · leading case: Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004).
Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004). “Laws § 12-12-18 (2002) (reindictment for "same offense" allowed in case of theft, loss, or destruction of indictment); S.”
Hernandez, Alexander (Tex. Crim. App. 2004). “2002) (if variance between proof and indictment was the reason for acquittal, a defendant can be reindicted for the same offense); Tenn. Code Ann. § 40-2-105 (2003) (statute of limitations is tolled for the prosecution of the offense last charged); W.”
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