Tennessee Code Annotated

Tenn. Code Ann. § 40-3-104 (2026)

Actions in name of state

✓ current as of May 2026

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All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense.

Code 1858, § 4991; Shan., § 6950; Code 1932, § 11491; T.C.A. (orig. ed.), § 40-303.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1983–2022 · leading case: Wilson v. Estes (In Re Wilson), 30 B.R. 91 (Bankr. E.D. Tenn. 1983).

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Wilson v. Estes (In Re Wilson), 30 B.R. 91 (Bankr. E.D. Tenn. 1983). · cites it 2× “Tenn.Code Ann. § 40-3-104 (1982) provides: “All criminal actions are prosecuted in the name of the State of Tennessee against the party charged with the offense.”

Dodson v. Tennessee Attorney Gen. (Habeas) (M.D. Tenn. 2019). · cites it 2× “” Tenn. Code Ann. § 40-3-104 . And specifically with regard to Davidson County, the state legislature has established criminal courts, a district attorney general, and 30 assistant district attorney general positions for the purpose of enforcing Tennessee’s criminal code.”

Eddings v. Myers (M.D. Tenn. 2020). · cites it 2× “” Tenn. Code Ann. § 40-3-104 . And specifically with regard to Davidson County, the state legislature has established criminal courts, a district attorney general, and 30 assistant district attorney general positions for the purpose of enforcing Tennessee’s criminal code.”

Kuilan v. Myers (M.D. Tenn. 2020). · cites it 2× “” Tenn. Code Ann. § 40-3-104 . And specifically with regard to the judicial district encompassing Rutherford County, the state legislature has established criminal courts, a district attorney general, and ten assistant district attorney general positions for the purpose of…”

Kuilan v. Zimmermann (M.D. Tenn. 2022). · cites it 2× “” Tenn. Code Ann. § 40-3-104 . And specifically with regard to the judicial district encompassing Rutherford County, the state legislature has established criminal courts, a district attorney general, and ten assistant district attorney general positions for the purpose of…”

Quezergue v. Gunn (M.D. Tenn. 2022). · cites it 2× “” Tenn. Code Ann. § 40-3-104 . And specifically with regard to the judicial district encompassing Davidson County, the state legislature has established criminal courts, a district attorney general, and thirty assistant district attorney general positions for the purpose of…”

Santini v. Rausch (M.D. Tenn. 2022). · cites it 2× “See Tenn. Code Ann. § 40-3-104 (“All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense.”

State of Tennessee v. Havin Hameed (Tenn. Crim. App. 2010). · cites it 2× “In addition, she cites section 40-3-104, which states, “All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense.”

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