The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under § 40-25-129, in the following cases, when:

(1) The defendant is acquitted by a verdict of the jury upon the merits;
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Terms Used In Tennessee Code 40-25-130

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Verdict: The decision of a petit jury or a judge.
(2) The prosecution is dismissed, or a nolle prosequi entered by the state;
(3) The action has abated by the death of the defendant;
(4) The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or
(5) The defendant has been convicted, but the execution issued upon the judgment has been returned “nulla bona” or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.
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