Tennessee Code Annotated
Tenn. Code Ann. § 40-9-114 (2026)
Guilt or innocence not inquired into
✓ current as of May 2026
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Acts 1951, ch. 240, § 20 (Williams, § 11935.20); T.C.A. (orig. ed.), § 40-1014.
Notes of Decisions
Cited in 4
cases, 1985–1995 · leading case: Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991).
Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991). “Generally, whether a discharge on habeas corpus for extradition bars a subsequent extradition proceeding depends on whether the court in the second proceeding is asked to pass upon the same matters from those considered in the first action. If the writ is issued on the ground of…”
Mandina v. State, 749 S.W.2d 472 (Tenn. Crim. App. 1985). “He argues that if given a continuance he might reasonably have proven beyond a reasonable doubt that he was not in North Carolina on any of the 18 days on which the crimes occurred.”
State v. Herndon, 704 S.W.2d 728 (Tenn. Crim. App. 1985). “Upon a hearing a trial court denied the petition, holding that the proceedings were governed by T.C.A. § 40-9-114 which provides that the guilt or innocence of the accused of the crime with which he is charged may not be inquired into by the governor, or in any proceeding, after…”
Edward Rabie v. Hank Hillin, Sheriff (Tenn. Crim. App. 1995). “1983); Tenn. Code Ann. § 40-9-114 . The extradition process does not deprive the petitioner of any possible defense.”
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