Tennessee § 40-2-105 - Suspension of statute because of irregularities in prosecution.
Full text of Tennessee Tennessee Code Annotated § 40-2-105 — Suspension of statute because of irregularities in prosecution., with citation guidance and answers to common questions.
§ 40-2-105. Suspension of statute because of irregularities in prosecution.
When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged. Code 1932, § 11486; T.C.A. (orig. ed.), § 40-207. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.2, 12.36, 16.1, 16.85. Law Reviews. Criminal Law and Procedure — 1960 Tennessee Survey (Robert E. Kendrick), 13 Vand. L. Rev. 1059 (1960).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-2-105
What does Tennessee Code Annotated § 40-2-105 cover?
Section 40-2-105 ("Suspension of statute because of irregularities in prosecution.") 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 § 40-2-105?
A common citation format is "Tennessee Code Annotated § 40-2-105" (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 § 40-2-105 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.