[reserved.]

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  1. A person, once dispossessed by action, who again illegally possesses the premises, commits a Class C misdemeanor.
  2. The only evidence, required or admitted on the trial of the criminal charge, is that the defendant was turned out of possession by action brought for the purpose, and that the defendant has again taken possession of the premises.

Code 1858, §§ 3370, 3371 (deriv. Acts 1825, ch. 63, § 3); Shan., §§ 5120, 5121; Code 1932, §§ 9275, 9276; T.C.A. (orig. ed.), § 23-1635; Acts 1989, ch. 591, § 113.

Code Commission Notes.

Portions of this section have been rewritten by the executive secretary to the Tennessee code commission to implement Acts 1989, ch. 591, § 113, effective November 1, 1989, which requested that the executive secretary amend this section by deleting the penalty provision and inserting language to indicate violation of the section is a Class C misdemeanor.

Cross-References. Penalty for Class C misdemeanor, §40-35-111.


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