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TCA 40-13-211

Description of instrument destroyed or withheld

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What does this charge mean?

If the defendant destroyed or hid an object that is the subject of the crime, and the indictment alleges this destruction or concealment, then mistakes in how the indictment describes that object do not make it defective. This prevents defendants from escaping charges by destroying evidence. No criminal penalty applies—it is a procedural rule.

Penalty Details

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Penalty SummaryClassification not specified
When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section40-13-211