Allegation of Ownership of Property

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Indictments
  5. Form and Sufficiency
  6. Allegation of Ownership of Property

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  1. When any property, upon or in relation to which the offense was committed:
    1. Belongs to several partners or owners, it is sufficient to allege the ownership to be in any one (1) or more of those partners or owners; or
    2. When the property is quasi public property, or belongs to an association, society or collection of individuals, such as churches, schoolhouses, lodges, etc., it is sufficient for the indictment to allege ownership in that association, society or collection of individuals by the name by which it is commonly known.
  2. It is sufficient to describe property in any manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.

Code 1858, § 5127; Shan., § 7090; mod. Code 1932, § 11635; T.C.A. (orig. ed.), § 40-1810.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.

Tennessee Jurisprudence, 5 Tenn. Juris., Burglary and Housebreaking, § 7; 17 Tenn. Juris., Larceny and Theft, §  9.


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