Tennessee Code Annotated

Tenn. Code Ann. § 40-3-105 (2026)

Prosecution for same offense in both state and municipal court prohibited

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a) Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense.

(b) A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court.

Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Mary v. Williams v. Gibson Cnty., Tennessee (Tenn. Ct. App. 2015).

Sort: Relevance Newest Treatment

Mary v. Williams v. Gibson Cnty., Tennessee (Tenn. Ct. App. 2015). · cites it 2× “In case number 8724, she relies on Tennessee Code Annotated Section 40-3-105, which is a criminal procedure statute inapplicable to this case.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.