Tennessee § 40-26-101 - Commencement of term pending appeal.
Full text of Tennessee Tennessee Code Annotated § 40-26-101 — Commencement of term pending appeal., with citation guidance and answers to common questions.
§ 40-26-101. Commencement of term pending appeal.
In all criminal cases appealed to the supreme court from the circuit and criminal courts, where the judgment of the court is for less penalty than death or imprisonment for life, and the defendant is in actual confinement in jail, when no transcript or other statement of the evidence is filed in the time prescribed by law, in the circuit or criminal court the appeal shall not act as a supersedeas, and the defendant shall enter upon the term of service in the penitentiary or workhouse at once after the expiration of the time for filing the transcript or other statement of evidence. Acts 1901, ch. 102, § 1; Shan., § 7222a1; Code 1932, § 11809; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3405. Compiler's Notes. This section may be affected by T.R.A.P. 26. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 33.14. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 83. Law Reviews. The Theoretical Foundations of the Proposed Tennessee Rules of Appellate Procedure, III. Some Noteworthy Features of the Rules (John L. Sobieski, Jr.), 45 Tenn. L. Rev. 161 (1978).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-26-101
What does Tennessee Code Annotated § 40-26-101 cover?
Section 40-26-101 ("Commencement of term pending appeal.") 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 § 40-26-101?
A common citation format is "Tennessee Code Annotated § 40-26-101" (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 § 40-26-101 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.