Tennessee § 40-5-105 - Disposition by magistrate.
Full text of Tennessee Tennessee Code Annotated § 40-5-105 — Disposition by magistrate., with citation guidance and answers to common questions.
§ 40-5-105. Disposition by magistrate.
The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or witnesses at the proper court. Code 1858, § 5018 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6977; Code 1932, § 11516; T.C.A. (orig. ed.), § 40-606. Cross-References. Admission to bail, title 40, ch. 11, part 1. Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 20. Law Reviews. The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-5-105
What does Tennessee Code Annotated § 40-5-105 cover?
Section 40-5-105 ("Disposition by magistrate.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-5-105?
A common citation format is "Tennessee Code Annotated § 40-5-105" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-5-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.