When a person indicted or presented for a criminal offense is arraigned before a court having jurisdiction of the matter pleads not guilty, and is tried upon the merits and convicted, the person shall not be entitled to a new trial, or to an arrest of judgment, for any of the following causes:

(1) The clerk of the court omitted to file or enter the person’s plea of record;

Terms Used In Tennessee Code 40-19-101

  • Arrest: Taking physical custody of a person by lawful authority.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The district attorney general, clerk or grand jury omitted to mark a prosecutor upon the indictment;
(3) The clerk omitted to show in the record sent to the supreme court that there was a prosecutor;
(4) A defect in making out the caption of the record;
(5) An omission of any caption to the record sent up to the supreme court;
(6) The clerk omitted to embody in the record the venire facias;
(7) The clerk omitted to enter upon the minutes of the court that the grand jury returned the indictment into open court, if the indictment shows upon its back that it was found “a true bill”; or
(8) The indictment was drawn by a district attorney general pro tempore, and the clerk omitted to enter such district attorney general’s appointment upon the minutes of the court.
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