Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 23
Tennessee Code Annotated

Tenn. Code Ann. § 40-23-103 (2024)

Sheriff to commit defendant

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It is the duty of the sheriff in whose custody the defendant is at the rendition of the judgment, or afterwards legally comes, to execute the judgment of imprisonment by committing the defendant, as soon as possible, to jail, or to the warden of the penitentiary, according to the exigency of the writ.

Code 1858, §5275; Shan., § 7251; Code 1932, § 11857; T.C.A. (orig. ed.), § 40-3103.

Notes of Decisions
Cited in 5 cases, 1994–2017 · leading case: State v. Walker, 905 S.W.2d 554 (Tenn. 1995).
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State v. Walker, 905 S.W.2d 554 (Tenn. 1995). · cites it 8× “The first, Tenn. Code Ann. § 40-23-103 provides: It is the duty of the sheriff in whose custody the defendant is at the rendition of the judgment, or afterwards legally comes, to execute the judgment of imprisonment by committing the defendant, as soon as possible, to jail, or…”
Wilson v. State, 882 S.W.2d 361 (Tenn. Crim. App. 1994). · cites it 4× “" Tenn.Code Ann. § 40-23-101(a)(2). See Tenn.”
State v. Chapman, 977 S.W.2d 122 (Tenn. Crim. App. 1997). · cites it 2× “As a result, noting that the sheriff has a duty to “execute the judgment of imprisonment by committing the defendant, as soon as possible, to jail,” see T.C.A. § 40-23-103, and that the sheriff has the authority “to convey prisoners to the nearest jail ‘sufficient’ for their…”
Jason Ray v. Madison Cnty., No. M2016-01577-SC-R23-CV (Tenn. Aug. 16, 2017). · cites it 2× “Tenn. Code Ann. § 40-23-103 (2012). Another statute prohibits a sheriff from appearing in any court as attorney or counsel for any party in any civil suit or criminal proceeding.”
Donald McArthur Carver v. State of Tennessee, No. E2002-00297-CCA-R3-PC (Tenn. Crim. App. July 15, 2003). · cites it 2× “Tennessee Code Annotated section 40-23-103 states that “[i]t is the duty of the sheriff in whose custody the defendant is at the rendition of the judgment, or afterwards legally comes, to execute the judgment of imprisonment by committing the defendant, as soon as possible, to…”
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