Alleging Fraud

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Indictments
  5. Form and Sufficiency
  6. Alleging Fraud

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  1. In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded.
  2. In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded.

Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23, §§ 73, 74; 1841-1842, ch. 48, §§ 5, 6); Shan., §§ 7089, 7097; Code 1932, §§ 11634, 11643; T.C.A. (orig. ed.), §§ 40-1813, 40-1814.

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

Tennessee Jurisprudence, 13 Tenn. Juris., Forgery and Counterfeiting, § 10.


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