40-20-101 - Judgment after verdict Modification of verdict.
40-20-101. Judgment after verdict Modification of verdict.
(a) After a verdict against the defendant, if the judgment is not arrested or a new trial granted, the court shall pronounce judgment.
(b) If, in the pronouncement of a judgment where a defendant has been retried either following an order granting a retrial by a court of this state or in obedience to a decision of a court of the United States, it becomes necessary that the jury's verdict be modified to prevent a sentence on the second trial being greater than the verdict pronounced at the first trial, then the trial court is authorized to modify the jury's verdict and pronounce judgment accordingly.
[Code 1858, § 5225; Shan., § 7198; Code 1932, § 11761; Acts 1972, ch. 591, § 1; T.C.A. (orig. ed.), § 40-2701.]