Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 3 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-3-101 (2026)

Methods enumerated

✓ current as of May 2026
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No person shall be put to answer any criminal charge, but by presentment, indictment or impeachment; provided, that, in accordance with this chapter, an accused represented by an attorney may waive the right to be tried upon presentment or indictment and consent to prosecution by information.

Code 1858, § 4989; Shan., § 6948; mod. Code 1932, § 11489; Acts 1975, ch. 258, § 1; T.C.A. (orig. ed.), § 40-301.

Notes of Decisions
Cited in 7 cases, 1997–2012 · leading case: Benson v. State, 153 S.W.3d 27 (Tenn. 2005).
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Benson v. State, 153 S.W.3d 27 (Tenn. 2005). · cites it 4× “Tenn.Code Ann. § 40-3-101 (2003). [6] Tennessee Code Annotated section 40-20-111(b) (2003) states: In any case in which a defendant commits a felony while such defendant was released on bail .”
State v. Utley, 956 S.W.2d 489 (Tenn. 1997). · cites it 2× “Tenn.Code Ann. § 40-3-101 (1990). Accordingly, it is clear that Tenn.”
Williams v. State, 139 S.W.3d 308 (Tenn. Ct. App. 2004). · cites it 2× “, Tenn.Code Ann. §§ 40-3-101; 40-14-101; 40-14-102; 40-17-105; and 40-18-118, we hold that none of these statutes expressly confers a private right of action.”
State of Tennessee v. Clement Dale Potter, 61 S.W.3d 348 (Tenn. Crim. App. 2001). · cites it 2× “, Tenn. Code Ann. §§ 40-3-101 to -105. Conclusion In light of the reasons above, we hold that Tennessee Code Annotated section 8-6-112 is independent of the methods of prosecution provided to grand juries and serves to expand the authority of the Attorney General and Reporter’s…”
State of Tennessee v. Adrian Hill (Tenn. Crim. App. 2012). · cites it 2× “I, § 9; see also Tenn. Code Ann. § 40-3-101 (2006) (“No person shall be put to answer any criminal charge, but by presentment, indictment, or impeachment .”
State v. Utley (Tenn. 1997). · cites it 2× “Tenn. Code Ann. § 40-3-101 (1990). Accordingly, it is clear that Tenn.”
Torian Benson a.k.a. Marcus Terry a.k.a. Marcus Benson v. State of Tennessee (Tenn. 2004). “§ 40-3-101 (2003). 6 Tennessee Co de Annotated section 40-20 -111(b ) (2003) states: In any case in which a defendant commits a felony while such defendant was released on bail .”
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