Section 40-20-106 - Assessment of punishment for misdemeanor when felony charged

Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law.Acts 1947, ch. 82, § 1a, as added by Acts 1949, ch. 202, § 1; C. Supp. 1950, § 11765.1 (Williams, § 11760.1a); T.C.A. (orig. ed.), § 40-2706.