Tennessee § 40-20-104 - Term fixed by court — By jury.
Full text of Tennessee Tennessee Code Annotated § 40-20-104 — Term fixed by court — By jury., with citation guidance and answers to common questions.
§ 40-20-104. Term fixed by court — By jury.
When the offense is punished by imprisonment in the county jail or workhouse, the term of imprisonment shall be fixed by the court, unless otherwise provided; provided, that when any person is indicted or presented in a court of record for the alleged commission of any misdemeanor, and pleads not guilty and is tried by a jury, upon demand of defendant timely made, the trial jury shall as a part of its verdict assess the punishment for the offense both as to fine and imprisonment within the limits now or later prescribed by law. When a defendant has timely made a request for a jury trial, the judge shall charge the jury that as a part of its verdict in the case, if it finds the defendant guilty, it shall fix the punishment for the offense within the limits prescribed by law, which limits shall be stated in the charge, and the judge shall not comment on the fact that the defendant has made the request for a jury trial. Code 1858, § 5229 (deriv. Acts 1829, ch. 23, § 76); Shan., § 7202; mod. Code 1932, § 11765; Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, §§ 11760.1, 11765); Acts 1973, ch. 67, § 1; T.C.A. (orig. ed.), § 40-2704. Cross-References. Criminal Sentencing Reform Act, title 40, ch. 35. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.2. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 45, 53; 17 Tenn. Juris., Jury, § 2. Law Reviews. Criminal Law in Tennessee in 1973: A Critical Survey; II. Offenses (Joseph G. Cook), 41 Tenn. L. Rev. 205 (1974).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-20-104
What does Tennessee Code Annotated § 40-20-104 cover?
Section 40-20-104 ("Term fixed by court — By jury.") 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 § 40-20-104?
A common citation format is "Tennessee Code Annotated § 40-20-104" (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 § 40-20-104 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.