Nolan v. State

A majority of this court has determined that the trial judge improperly deprived the defendant of his right to a preliminary hearing under T.C.A. § 40-1131,1 which, prior to its amendment in 1976, provides:

In all criminal cases, prior to presentment and indictment, whether the charge be a misdemeanor or a felony, the accused shall be entitled to a preliminary hearing upon his request therefor, whether the grand jury of the county be in session or not.

If the accused is indicted during the period of time in which his preliminary hearing is being continued, or at any time before accused has been…