Tennessee Code Annotated
Tenn. Code Ann. § 40-3-105 (2024)
Prosecution for same offense in both state and municipal court prohibited
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (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, No. W2014-01599-COA-R3-CV (Tenn. Ct. App. June 24, 2015).
Mary v. Williams v. Gibson Cnty., Tennessee, No. W2014-01599-COA-R3-CV (Tenn. Ct. App. June 24, 2015). “In case number 8724, she relies on Tennessee Code Annotated Section 40-3-105, which is a criminal procedure statute inapplicable to this case.”
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