40-15-101 - Default of defendant. - Tennessee Statutes

40-15-101. Default of defendant.

(a)  When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant.

(b)  The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket.

[Code 1858, §§ 5193, 5194; Shan., §§ 7157, 7158; Code 1932, §§ 11719, 11720; T.C.A. (orig. ed.), §§ 40-2103, 40-2104.]