Proof of Incorporation

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Evidence and Witnesses
  5. General Provisions
  6. Proof of Incorporation

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  1. In the trial of criminal cases, it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment or presentment, unless the defendant within thirty (30) days after indictment or presentment, if defendant be under bond, or within thirty (30) days after arrest on capias, denies the existence of the corporation by a sworn plea.
  2. On all trials for offenses where the existence of a corporation must be shown, a legally authenticated copy of the charter of the corporation, or a book purporting to be the public statute book of the United States, or of the particular state in which the charter is printed, shall be prima facie evidence of the existence of the corporation.

Code 1858, § 5379 (deriv. Acts 1829, ch. 23, § 70); Shan., § 7357; Code 1932, §§ 11961, 11962; T.C.A. (orig. ed.), §§ 40-2439, 40-2440.

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


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