When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings.
Code 1858, § 5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.
Cross-References. Examination of defendant arrested by private person, §40-7-113.
Examination of persons taken in fresh pursuit by officers from other states, §40-7-204.
Officials designated as magistrates, §40-1-106.
Right to counsel, Tenn. Const., art. 1, § 9; U.S. Const., Amend 6.
Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 19, 20; 11 Tenn. Juris., Evidence, § 180.
Law Reviews.
A Noble Ideal Whose Time Has Come (Penny J. White), 18 Mem. St. U.L. Rev. 223 (1989).