TENNESSEE CODE ANNOTATED
                                 TITLE 55 MOTOR AND OTHER VEHICLES
                                 CHAPTER 23 MOTOR VEHICLE STORAGE
                       Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 55-23-103 Fee for storage beyond 60 days -- Consent or notice required.
 

 Persons engaged in the business of towing motor vehicles by wrecker or otherwise and the storing of such motor vehicles for any
 type of remuneration, whether as the principal business of such persons or as an incidence to such persons' principal business,
 shall not charge the owner or lienholder of any such motor vehicle a storage fee for a period exceeding sixty (60) days without the
 consent of such owner or lienholder, except as provided in § 55-23-104.

T.C.A. § 66-19-103

                 TENNESSEE CODE ANNOTATED
                     TITLE 66 PROPERTY
        CHAPTER 19 LIENS ON VEHICLES AND CONVEYANCES
                 Part 1-- Miscellaneous Provisions
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 66-19-103 Garagekeeper's or towing firm's lien.
 

 (a)(1)(A) Garagekeepers or establishments substantially in the business of
 towing vehicles for hire, pursuant to the provisions of title 55, chapter 16,
 hereinafter referred to as "towing firms" shall be entitled to a lien upon all
 vehicles, which lawfully come into their possession and are retained in their
 possession until all reasonable charges due are paid. A garagekeeper may,
 after sixty (60) days, enforce this lien in the manner prescribed for the
 enforcement of artisans' liens under §§ 66-14-102 -- 66-14-106, except the
 garagekeeper shall only be required to advertise the sale one (1) time in a
 newspaper published in the place where the sale is to be held.
 (B) If the motor vehicle, including any associated rental equipment, clearly
 identifies the rental company and a garagekeeper or towing firm lawfully
comes into possession of the vehicle and any associated equipment, then
 the garagekeeper or towing firm shall notify the rental company at the
 address identified on the vehicle or associated equipment within three (3)
 working days of taking possession of such vehicle or equipment by registered
 mail return receipt requested.
 (2) The commissioner of commerce and insurance or the commissioner's
 designee shall notify the commissioner of safety of violations of subdivision
 (1). Upon receiving such notice, the commissioner of safety shall suspend
 any contract that the state may have for towing services with the
 garagekeeper or towing firm for a period of sixty (60) days or notify the
 appropriate authority to suspend all such contracts with the state.
 (3) In addition to any other penalty provided for violation of this section, a
 violation of subdivision (a)(1) shall also be a violation of title 47, chapter 18,
 part 1, and the rental company may seek relief under such statute.
 (4) A garagekeeper or towing firm may not collect any storage or related fees
 for any period of time in which the garagekeeper or towing firm was in
 violation of subdivision (1) with respect to a motor vehicle or associated
 equipment.
 (5) The commissioner of commerce and insurance is authorized to
 promulgate rules and regulations to effectuate the purposes of this
 subsection in accordance with the provisions of the Uniform Administrative
 Procedures Act, as compiled in title 4, chapter 5.
(6) The provisions of subdivisions (1)(B) and (2) through (5) of this subsection
 and § 55-16-112 shall not apply to new or used motor vehicle dealers
 licensed under title 55, chapter 17, part 1.
 (b) For purposes of this section, "garagekeeper" means any operator of a
 parking place or establishment, motor vehicle storage facility, or
 establishment for the servicing, repair or maintenance of vehicles.
 (c) No person, firm, or entity shall have a right to a lien on any vehicle that
 has been towed without authorization of a police department or the owner of
 the vehicle or where the vehicle has been towed in violation of any provisions
 of title 55, chapter 16, part 1.
 (d)(1) Any authorization made by a police department to tow a vehicle shall
 be made in writing. Such authorization shall include:
 (A) The name of the officer giving authorization;
 (B) The year, make and model, and color of the vehicle to be towed;
 (C) The reason for the tow;
 (D) The license plate number, if any; and
 (E) The vehicle identification number, if it is ascertainable.
 (2) A copy of such authorization shall be posted with the vehicle by the officer
 giving authorization, and shall remain with the vehicle until the vehicle is
 claimed by the owner.
 (e) No person, firm or entity shall have a right to a lien against a lienor, who is
 also the seller of such motor vehicle, for repairs made on such motor vehicle
that has been towed unless the person, firm or entity making the repairs has
 received a written authorization from such lienor to make such repairs on the
 motor vehicle.
 

 [Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-1903; Acts 1983, ch.
 463, § 3; 1984, ch. 866, § 1; 1996, ch. 868, §§ 1, 6, 8; 1997, ch. 73, §§ 1, 5;
 1998, ch. 733, § 1; 1998, ch. 760, § 2; 1998, ch. 1027, §§ 1-3, 5; 1999, ch.
 1, § 3; 1999, ch. 235.]
 

                      HISTORICAL NOTES

 Amendments. The 1998 amendment by ch. 733 added (e).
 The 1998 amendment by ch. 760 rewrote the second sentence of (a)(1).
 The 1998 amendment by ch. 1027 added (a)(2)-(a)(6).
 The 1999 amendment by ch. 1, substituted "sixty (60) days" for "ninety (90)
 days" in (a)(1).
 The 1999 amendment by ch. 235 (later amended by ch. 1) inserted the (A)
 and (B) designations in (a)(1), and inserted "subdivisions (1)(B) and (2)
 through (5)" in (a)(6).
Effective Dates. Acts 1998, ch. 733, § 2. April 8, 1998.
 Acts 1998, ch. 760, § 6. July 1, 1998.
 Acts 1998, ch. 1027, § 6. September 1, 1998.
 Acts 1999, ch. 1, § 4. February 26, 1999.
 Acts 1999, ch. 235, § 2. May 25, 1999.
 

                        REFERENCES

 Cross-References. Certified mail instead of registered mail, § 1-3-111.
 Enforcement of lien, § 66-21-101.
 Fee for storage beyond 90 days, § 55-23-103.
 Fees for towing or storing motor vehicle, § 55-23-103.
 Notice of extension of fees for towing or storing motor vehicle, § 55-23- 104.

 Section to Section References. This section is referred to in §§ 55-16- 107,
 55-16-112.

 Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 24.

 Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A.
 Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).
ANNOTATIONS

 Cited: Robinson Bros. Motor Co. v. Knight, 154 Tenn. 631, 288 S.W. 725
 (1926); George Cole Motor Co. v. McCanless, 174 Tenn. 625, 130 S.W.2d 93
 (1939).

                      Notes to Decisions.

                         ANALYSIS

 1. Nature and operation of lien.
 2. Levying officer -- Powers.

 1. Nature and Operation of Lien.
 The statute expressly declares, by reference to § 66-20-101, the lien of a
 garage keeper "to be the same as the innkeeper's lien at common law"; and
 a storage lien attaches to an automobile levied upon by a sheriff under
 process, taken from the conditional purchaser, and stored by the sheriff,
 which lien for storage charges is superior to the title retained right of the
 conditional seller of the automobile. The possession of the sheriff is, for test
 purpose, equivalent to that of the conditional seller who stores such a car.
McJunkin v. Chattanooga Garage, 166 Tenn. 457, 63 S.W.2d 517 (1933).

 2. Levying Officer -- Powers.
 A levying officer, under process against the conditional buyer of an
 automobile, has the right to store the car for its protection and preservation,
 since such inures to the benefit of the title retention holder, whose title is but
 a lien. McJunkin v. Chattanooga Garage, 166 Tenn. 457, 63 S.W.2d 517
 (1933).

                        REFERENCES

 Collateral References. Assignee's right to enforce lien on automobile for
 storage. 48 A.L.R.2d 894; 85 A.L.R.3d 199.
 Automobile, lien for storage of. 48 A.L.R.2d 894; 85 A.L.R.3d 199.
 Garageman's lien for towing and storage of motor vehicle towed from private
 property on which vehicle was parked without permission. 85 A.L.R.3d 240.
 Lien for towing or storage, ordered by public officer, of motor vehicle. 85
 A.L.R.3d 199.
 Public official, liability of owner for storage of or services in connection with
 automobile under authority of. 36 A.L.R. 955; 50 A.L.R. 1309.
 Sale of vehicle without hearing. 64 A.L.R.3d 814.

 T.C.A. § 66-19-103
TN ST § 66-19-103
 
 
 
 

 [Acts 1980, ch. 779, § 3; 1999, ch. 1, § 1.]
 

                                         HISTORICAL NOTES

 Amendments. The 1999 amendment substituted "sixty (60) days" for "ninety (90) days."

 Effective Dates. Acts 1999, ch. 1, § 4. February 26, 1999.
 

                                           REFERENCES

 Cross-References. Garagekeeper's lien, § 66-19-103.
 Seized or repossessed motor vehicles, notice to sheriff, § 55-5-128.
 Notice of extending imposition of towing fee, § 55-23-104.

 T.C.A. § 55-23-103
 TN ST § 55-23-103

T.C.A. § 55-5-128

                 TENNESSEE CODE ANNOTATED
              TITLE 55 MOTOR AND OTHER VEHICLES
   CHAPTER 5 ANTI-THEFT PROVISIONS -- VIOLATIONS OF TITLE AND
                     REGISTRATION LAW
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 55-5-128 Seized or repossessed motor vehicles -- Notice to sheriff.
 

 (a)(1) If a motor vehicle is seized or repossessed in Tennessee, the sheriff of
 the county in which the seizure or repossession occurred shall be notified
 immediately of the action taken; provided, that if the seizure or repossession
 occurred in a county having a metropolitan form of government, notification
 shall be made to the metropolitan police department. Such notice shall
 contain the name and address of the owner and a description of the vehicle,
 including the make, model and serial number.
 (2) Failure to notify as provided herein, errors of fact in notification
 shall be made to the metropolitan police department. Such notice shall
 contain the name and address of the owner and a description of the vehicle,
 including the make, model and serial number.
 (2) Failure to notify as provided herein, errors of fact in notification or
 notification to an incorrect jurisdiction shall not be construed to be grounds to
 defeat and/or cancel an otherwise permissible seizure and/or repossession.
 (b) The notice requirements of this section shall not apply if the owner
 voluntarily surrenders the vehicle for repossession.
 

 [Acts 1989, ch. 406, § 1.]
 

                        REFERENCES

 Cross-References. Motor vehicle storage, ch. 23 of this title.

 T.C.A. § 55-5-128
 TN ST § 55-5-128

T.C.A. § 55-23-104

                 TENNESSEE CODE ANNOTATED
              TITLE 55 MOTOR AND OTHER VEHICLES
             CHAPTER 23 MOTOR VEHICLE STORAGE
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 55-23-104 Notice of intent to charge fee beyond 60 days.
 

 Persons engaged in the business of towing and storing motor vehicles may
 charge a storage fee for a period exceeding sixty (60) days if the last known
 registered owner of the motor vehicle and all lienholders of record are notified
 by registered mail, return receipt requested, of intent to charge a storage fee
 for a period to exceed sixty (60) days. Such notice shall be given at least
 fourteen (14) days prior to the imposition of any additional storage fee.
 

 [Acts 1980, ch. 779, § 4; 1999, ch. 1, § 2.]
 

                      HISTORICAL NOTES

Amendments. The 1999 amendment substituted "sixty (60) days" for "ninety
 (90) days" in two places.

 Effective Dates. Acts 1999, ch. 1, § 4. February 26, 1999.
 

                        REFERENCES

 Cross-References. Certified mail instead of registered mail, § 1-3-111.
 Seized or repossessed motor vehicles, notice to sheriff, § 55-5-128.
 Garage keeper's or towing firm's lien, § 66-19-103.

 Section to Section References. This section is referred to in § 55-23-103.

 T.C.A. § 55-23-104
 TN ST § 55-23-104

T.C.A. § 55-5-101

                                    TENNESSEE CODE ANNOTATED
                                 TITLE 55 MOTOR AND OTHER VEHICLES
               CHAPTER 5 ANTI-THEFT PROVISIONS -- VIOLATIONS OF TITLE AND REGISTRATION LAW
                       Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 55-5-101 Stolen and recovered motor vehicles -- Duties of law enforcement officers -- Responsibilities attaching to wrecker, salvage
 and garage businesses -- Penalties.
 

 (a)(1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has
 been stolen to report the theft of such vehicle to the department of safety immediately after receiving such information.
 (2) Any such officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission
 or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving
 such information, report the recovery of such vehicle to the department.
 (3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway
 patrol dispatcher in the area in which such theft and/or recovery occurred.
 (4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file
 and maintain a report of such theft and/or recovery, the report to include, but not be limited to, available information as to ownership
 and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of
 theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of
 vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to
 recovered vehicle, and name and location of any wrecker or garage operator pulling or storing any such vehicle, its parts or
 accessories.
 (5) It is the further duty of the local sheriff's office or police department to transmit the aforementioned information pertaining to the
 theft and/or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the
 Tennessee highway patrol dispatcher as heretofore set forth.
 (6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any
 motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report such recovery to the owner.
 (b)(1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or
 store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories thereof, without having first
 obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon
 receiving the required permission to remove, pull or store such vehicle, its chassis, engine, transmission or other parts and
 accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall
 immediately notify the Tennessee highway patrol dispatcher of such recovery, the name and address of the owner if known or
 reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of
 any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or
 transmission number, if ascertainable, the license number if attached to the vehicle or left near thereto, the location of recovery and
 location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its
 parts.
 (2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not
 limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and
 wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location,
 labeled and kept together.
 (3) In no event shall any part or accessory, including those listed above, be removed from any recovered motor vehicle or its
 component parts without the written permission of the owner or its insurer.
 (c) A permanent record of the same information required to be given to the Tennessee highway patrol in regard to recovered vehicles
 shall be kept by the person, firm or corporation removing, pulling or storing such recovered vehicle for a period of two (2) years from
 the date of such recovery, and shall be available to all law enforcement officers for inspection at any reasonable time during
 business hours without prior notice or the necessity of obtaining a search warrant. As used in this subsection, "recovered vehicle"
 means any vehicle towed or stored by a person, firm, or corporation engaged in the business of towing or storing vehicles.
 (d) Nothing in the foregoing section should be construed to relieve any of the duties and responsibilities placed upon any person,
 firm or corporation in chapters 14 and 16 of this title.
 (e) A violation of this section is a Class A misdemeanor.
 

 [Acts 1951, ch. 70, § 70 (Williams, § 5538.170); Acts 1972, ch. 725, § 1; modified; T.C.A. (orig. ed.), § 59-501; Acts 1989, ch. 591,
 § 111; 1992, ch. 829, § 1.]
 

                                         HISTORICAL NOTES

 Compiler's Notes. The division of motor vehicles was transferred from the department of revenue to the department of safety by
 Executive Order No. 37 (June 29, 1990).
 

                                           REFERENCES

 Cross-References. Authority of Tennessee highway patrol, § 4-7-114.
 Breaking into vehicles, burglary, § 39-14-402.
 Penalty for Class A misdemeanor, § 40-35-111.

 Section to Section References. This chapter is referred to in § 4-7-114.
 This part is referred to in § 67-6-508.

 Comparative Legislation. Anti-theft provisions -- violations of title and registration law:
 Ala. Code § 32-8-1 et seq.
 Ark. Code § 27-14-101 et seq.
 Ga. O.C.G.A. § 40-4-1 et seq.
 Ky. Rev. Stat. Ann. § 186A.325.
 Miss. Code Ann. § 63-25-9.
 Mo. Rev. Stat. § 301.390.
 N.C. Gen. Stat. § 20-102 et seq.
 Va. Code § 46.2-300 et seq.
 

                                           ANNOTATIONS

 Cited: State v. Moore, 314 S.W.2d 348 (Tenn. 1981).

                                           REFERENCES

 Collateral References. 7A Am. Jur. 2d Automobiles and Highway Traffic § 348 et seq.
 60 C.J.S. Motor Vehicles § 133 et seq.

 T.C.A. § 55-5-101
 TN ST § 55-5-101

T.C.A. § 4-7-114

                 TENNESSEE CODE ANNOTATED
                  TITLE 4 STATE GOVERNMENT
                 CHAPTER 7 HIGHWAY PATROL
                    Part 1-- General Provisions
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 4-7-114 Enforcement of anti-theft laws.
 

 (a) The members of the Tennessee Highway Patrol have jurisdiction and
 authority, and it is their duty, to aid in the enforcement of the criminal
 provisions of title 55, chapter 5 and the provisions of § 39-14-103, whenever
 an alleged violation of those statutory provisions involves unlawful taking of a
 motor vehicle.
 (b) Members of the highway patrol have authority to investigate and to make
 arrests for violations of such statutory provisions whenever an alleged
 violation involves unlawful taking of a motor vehicle.
 

 [Acts 1980, ch. 884, § 3; 1996, ch. 675, § 3.]

 T.C.A. § 4-7-114
 TN ST § 4-7-114

T.C.A. § 39-14-103

                 TENNESSEE CODE ANNOTATED
                 TITLE 39 CRIMINAL OFFENSES
           CHAPTER 14 OFFENSES AGAINST PROPERTY
                         Part 1-- Theft
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 39-14-103 Theft of property.
 

 A person commits theft of property if, with intent to deprive the owner of
 property, the person knowingly obtains or exercises control over the property
 without the owner's effective consent.
 

 [Acts 1989, ch. 591, § 1.]
 

                      HISTORICAL NOTES

 Sentencing Commission Comments. This section is the primary generic theft
 statute. It punishes theft of property as defined in § 39-11-106. Special
 provisions concerning theft of property from a retail merchant are found in §
 39-14-146.
 

                        REFERENCES

 Cross-References. Alleging felonious taking or appropriation, § 40-13-221.
 Arson, § 39-14-301.
 Burglary, § 39-14-402.
 Clerk of court, embezzlement by, § 18-2-105.
 Criminal conspiracy, § 39-12-103.
 Criminal impersonation, § 39-16-301.
 Criminal simulation, § 39-14-115.
 Destruction of valuable papers with intent to defraud, § 39-14-130.
 Failure of tax collector to pay money into state treasury, penalty, § 67-
 1-1625.
 Forfeiture of conveyances used in receiving stolen goods, title 40, ch. 33.
 Forgery, § 39-14-114.
 Hindering secured creditors, § 39-14-116.
 Jury may provide punishment for less than year, § 40-20-103.
 Military property, § 58-1-623.
 Restitution ordered on conviction, § 40-20-116.
 Search warrant for stolen property, § 40-6-102. Taxing costs after settlement
 of prosecution for embezzlement, § 40-25- 128.
 Theft, detention of suspect, § 40-7-116.
 Theft in retail or wholesale establishment -- Arrest by peace officer without
 warrant, § 40-7-117.
 Theft of property; merchandise, § 39-14-146.
 Theft of services, § 39-14-104.
 Use of citations in lieu of continued custody of an arrested person, § 40-
 7-118.
 Vandalism, § 39-14-408.
 Vandalism of caves or caverns, § 11-5-108.
 Worthless checks, § 39-14-121.

 Section to Section References. This section is referred to in §§ 11-5- 108,
 39-14-107, 39-14-108, 39-14-146, 40-7-116, 40-7-118, 40- 35-104, 71-5-118.

 Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips
 and Robinson), § 751.
 Tennessee Criminal Practice and Procedure (Raybin), §§ 15.13, 16.20,
 18.158, 22.34, 27.97, 28.91, 30.66, 32.131.
 Tennessee Jurisprudence, 4 Tenn. Juris., Bailments, § 6; 5 Tenn. Juris.,
 Banks and Banking, § 23; 10 Tenn. Juris., Double Jeopardy, §§ 11, 12; 10
 Tenn. Juris., Embezzlement, §§ 2-4, 6, 9-11; 12 Tenn. Juris., Executors and
 Administrators, § 49; 13 Tenn. Juris., False Pretenses and Cheats, §§ 2-4;
 13 Tenn. Juris., Forgery and Counterfeiting, § 8; 17 Tenn. Juris., Larceny, §§
 2-5, 8, 12, 14, 16; 20 Tenn. Juris., Pardon and Parole, § 7; 21 Tenn. Juris.,
 Receiving Stolen Goods, §§ 2-5; 22 Tenn. Juris., Robbery, § 2; 24 Tenn.
 Juris., Trusts and Trustees, § 60.

 Law Reviews. Out of Sight, Out of Mind, The Plight of the Habitual Criminal
 (Ray L. Jenkins), 26 Tenn. L. Rev. 259.
 

                        ANNOTATIONS

 Cited: State v. Ellis, 953 S.W.2d 216 (Tenn. Crim. App. 1997); State v.
 Lavender, 967 S.W.2d 803 (Tenn. 1998); State v. Cattone, 968 S.W.2d 277
 (Tenn. 1998); State v. Davenport, 973 S.W.2d 283 (Tenn. Crim. App. 1998);
 State v. Ball, 973 S.W.2d 288 (Tenn. Crim. App. 1998).

                      Notes to Decisions.

                         ANALYSIS

 1. Generally.
 2. Merger.
 2.5. Misappropriation of funds.
 3. Aggregation of value.
 4. Evidence insufficient.

 1. Generally.
 Theft of property may be accomplished in one of two manners: (1) taking or
 obtaining property without consent and with the intent to deceive; or (2)
 exercising control over property without consent and with the intent to
 deceive. State v. Byrd, 968 S.W.2d 290 (Tenn. 1998).

 2. Merger.
 Convictions for both burglary and attempted theft were not justified where the
 acts of entry into the vehicles as alleged and proven by the state were merely
 an essential and incidental step to the theft of the vehicles. State v. Roberts,
 943 S.W.2d 403 (Tenn. Crim. App. 1996).

 2.5. Misappropriation of Funds.
 Accountant's admission that he had misappropriated funds from clients and
 failed to report the amount on his federal income tax established that he
 committed theft of property under this section since he had "deprived" the
 owners of their property even if he had intended to return it. United States v.
 Parrott, 148 F.3d 629, 1998 Fed. App. 200 (6th Cir. 1998).

 3. Aggregation of Value.
 The aggregation of the value of stolen property is permissible to establish the
 degree of the offense when a defendant simultaneously exercises possession
 or control over stolen property belonging to different owners. State v. Byrd,
 968 S.W.2d 290 (Tenn. 1998).

 4. Evidence Insufficient.
 Evidence that the defendant was with the person who cashed a forged check
 at the time the check was cashed and that the defendant shared a residence
 with that person was not sufficient to support the defendant's conviction.
 State v. Knight, 969 S.W.2d 939 (Tenn. Crim. App. 1997).

 T.C.A. § 39-14-103
 TN ST § 39-14-103

T.C.A. § 40-13-221

                 TENNESSEE CODE ANNOTATED
                 TITLE 40 CRIMINAL PROCEDURE
                   CHAPTER 13 INDICTMENTS
                   Part 2-- Form and Sufficiency
    Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 40-13-221 Alleging embezzlement and breach of trust.
 

 Any indictment charging a felonious taking and/or appropriation of the
 personal property of another, of any value, with intent to convert the same to
 the use of the defendant and to deprive the true owner thereof, shall be
 deemed a good and sufficient indictment for embezzlement and/or fraudulent
 breach of trust.
 

 [Code 1932, § 11642; T.C.A. (orig. ed.), § 40-1828.]
 

                      HISTORICAL NOTES

 Compiler's Notes. Pursuant to the Criminal Sentencing Reform Act of 1989,
 the former offense of embezzlement has been replaced by the new generic
 offense of theft. See § 39-14-101.
 

                        REFERENCES

 Cross-References. Theft, title 39, ch. 14, part 1.

 Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.
 Tennessee Jurisprudence, 10 Tenn. Juris., Embezzlement, § 9.

 Law Reviews. The Tennessee Court System -- Criminal Court (Frederic S. Le
 Clercq), 8 Mem. St. U.L. Rev. 319.
 

                        ANNOTATIONS

                      Notes to Decisions.

 1. "Another," Meaning.
 The word "another" in this section includes governmental agency, since
 intention of legislature by enactment of this section intended to protect
 property of the private individual, corporation and the state. Mays v. State,
 182 Tenn. 316, 186 S.W.2d 334 (1945).

 T.C.A. § 40-13-221
 TN ST § 40-13-221

T.C.A. § 55-16-107

                                    TENNESSEE CODE ANNOTATED
                                 TITLE 55 MOTOR AND OTHER VEHICLES
                            CHAPTER 16 UNCLAIMED OR ABANDONED VEHICLES
                       Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 55-16-107 Garagekeepers and towing firms authorized to enforce lien.
 

 (a) Notwithstanding any other provision of this chapter to the contrary, the police department through its chief officer, after complying
 with the provisions of § 55-16-105, may execute a written waiver of its right to sell a vehicle taken into custody under this chapter in
 favor of a garagekeeper or towing firm in whose possession such vehicle was lawfully placed by the police department under the
 provisions of this chapter. If a garagekeeper or towing firm has made repairs to a vehicle for which a waiver has been executed,
 such garagekeeper or towing firm may proceed to enforce the lien as provided in § 66-19-103. If the garagekeeper or towing firm
 has not made repairs to a vehicle for which a waiver has been executed, such garagekeeper or towing firm may, after thirty (30)
 days from the waiver date, proceed to sell the vehicle in accordance with the procedure established in § 55-16-106 and keep the
 proceeds from such sale.
 (b) As to third-party purchasers, the sale of the abandoned, immobile, or unattended vehicle shall be valid, but the garagekeeper or
 towing firm shall sell the vehicle in a commercially reasonable manner, and failure to do so may subject the garagekeeper or
 towing firm to suit for monetary damages by either the true owner or a lienholder.
 

 [Acts 1967, ch. 250, § 5; T.C.A., § 59-1607; Acts 1983, ch. 463, § 2; 1996, ch. 868, §§ 4, 5; 1998, ch. 760, § 5.]
 

                                           REFERENCES

 Cross-References. Disposition of unclaimed property, title 66, ch. 29, part 1.

 Collateral References. Garageman's lien for towing and storage of motor vehicle towed from private property on which vehicle was
 parked without permission. 85 A.L.R.3d 240.

 T.C.A. § 55-16-107
 TN ST § 55-16-107

T.C.A. § 66-19-103

                                    TENNESSEE CODE ANNOTATED
                                         TITLE 66 PROPERTY
                           CHAPTER 19 LIENS ON VEHICLES AND CONVEYANCES
                                     Part 1-- Miscellaneous Provisions
                       Copyright © 1955-1999 by The State of Tennessee. All rights reserved.
 Current through End of 1999 Reg. Sess.

 66-19-103 Garagekeeper's or towing firm's lien.
 

 (a)(1)(A) Garagekeepers or establishments substantially in the business of towing vehicles for hire, pursuant to the provisions of
 title 55, chapter 16, hereinafter referred to as "towing firms" shall be entitled to a lien upon all vehicles, which lawfully come into
 their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after sixty
 (60) days, enforce this lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 -- 66-14-106, except
 the garagekeeper shall only be required to advertise the sale one (1) time in a newspaper published in the place where the sale is to
 be held.
 (B) If the motor vehicle, including any associated rental equipment, clearly identifies the rental company and a garagekeeper or
 towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm shall
 notify the rental company at the address identified on the vehicle or associated equipment within three (3) working days of taking
 possession of such vehicle or equipment by registered mail return receipt requested.
 (2) The commissioner of commerce and insurance or the commissioner's designee shall notify the commissioner of safety of
 violations of subdivision (1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may
 have for towing services with the garagekeeper or towing firm for a period of sixty (60) days or notify the appropriate authority to
 suspend all such contracts with the state.
 (3) In addition to any other penalty provided for violation of this section, a violation of subdivision (a)(1) shall also be a violation of title
 47, chapter 18, part 1, and the rental company may seek relief under such statute.
 (4) A garagekeeper or towing firm may not collect any storage or related fees for any period of time in which the garagekeeper or
 towing firm was in violation of subdivision (1) with respect to a motor vehicle or associated equipment.
 (5) The commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of
 this subsection in accordance with the provisions of the Uniform Administrative Procedures Act, as compiled in title 4, chapter 5.
 (6) The provisions of subdivisions (1)(B) and (2) through (5) of this subsection and § 55-16-112 shall not apply to new or used motor
 vehicle dealers licensed under title 55, chapter 17, part 1.
 (b) For purposes of this section, "garagekeeper" means any operator of a parking place or establishment, motor vehicle storage
 facility, or establishment for the servicing, repair or maintenance of vehicles.
 (c) No person, firm, or entity shall have a right to a lien on any vehicle that has been towed without authorization of a police
 department or the owner of the vehicle or where the vehicle has been towed in violation of any provisions of title 55, chapter 16, part
 1.
 (d)(1) Any authorization made by a police department to tow a vehicle shall be made in writing. Such authorization shall include:
 (A) The name of the officer giving authorization;
 (B) The year, make and model, and color of the vehicle to be towed;
 (C) The reason for the tow;
 (D) The license plate number, if any; and
 (E) The vehicle identification number, if it is ascertainable.
 (2) A copy of such authorization shall be posted with the vehicle by the officer giving authorization, and shall remain with the vehicle
 until the vehicle is claimed by the owner.
 (e) No person, firm or entity shall have a right to a lien against a lienor, who is also the seller of such motor vehicle, for repairs made
 on such motor vehicle that has been towed unless the person, firm or entity making the repairs has received a written authorization
 from such lienor to make such repairs on the motor vehicle.
 

 [Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-1903; Acts 1983, ch. 463, § 3; 1984, ch. 866, § 1; 1996, ch. 868, §§ 1, 6, 8;
 1997, ch. 73, §§ 1, 5; 1998, ch. 733, § 1; 1998, ch. 760, § 2; 1998, ch. 1027, §§ 1-3, 5; 1999, ch. 1, § 3; 1999, ch. 235.]
 

                                         HISTORICAL NOTES

 Amendments. The 1998 amendment by ch. 733 added (e).
 The 1998 amendment by ch. 760 rewrote the second sentence of (a)(1).
 The 1998 amendment by ch. 1027 added (a)(2)-(a)(6).
 The 1999 amendment by ch. 1, substituted "sixty (60) days" for "ninety (90) days" in (a)(1).
 The 1999 amendment by ch. 235 (later amended by ch. 1) inserted the (A) and (B) designations in (a)(1), and inserted "subdivisions
 (1)(B) and (2) through (5)" in (a)(6).

 Effective Dates. Acts 1998, ch. 733, § 2. April 8, 1998.
 Acts 1998, ch. 760, § 6. July 1, 1998.
 Acts 1998, ch. 1027, § 6. September 1, 1998.
 Acts 1999, ch. 1, § 4. February 26, 1999.
 Acts 1999, ch. 235, § 2. May 25, 1999.
 

                                           REFERENCES

 Cross-References. Certified mail instead of registered mail, § 1-3-111.
 Enforcement of lien, § 66-21-101.
 Fee for storage beyond 90 days, § 55-23-103.
 Fees for towing or storing motor vehicle, § 55-23-103.
 Notice of extension of fees for towing or storing motor vehicle, § 55-23- 104.

 Section to Section References. This section is referred to in §§ 55-16- 107, 55-16-112.

 Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 24.

 Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).
 

                                           ANNOTATIONS

 Cited: Robinson Bros. Motor Co. v. Knight, 154 Tenn. 631, 288 S.W. 725 (1926); George Cole Motor Co. v. McCanless, 174 Tenn.
 625, 130 S.W.2d 93 (1939).

                                          Notes to Decisions.

                                             ANALYSIS

 1. Nature and operation of lien.
 2. Levying officer -- Powers.

 1. Nature and Operation of Lien.
 The statute expressly declares, by reference to § 66-20-101, the lien of a garage keeper "to be the same as the innkeeper's lien at
 common law"; and a storage lien attaches to an automobile levied upon by a sheriff under process, taken from the conditional
 purchaser, and stored by the sheriff, which lien for storage charges is superior to the title retained right of the conditional seller of
 the automobile. The possession of the sheriff is, for test purpose, equivalent to that of the conditional seller who stores such a car.
 McJunkin v. Chattanooga Garage, 166 Tenn. 457, 63 S.W.2d 517 (1933).

 2. Levying Officer -- Powers.
 A levying officer, under process against the conditional buyer of an automobile, has the right to store the car for its protection and
 preservation, since such inures to the benefit of the title retention holder, whose title is but a lien. McJunkin v. Chattanooga Garage,
 166 Tenn. 457, 63 S.W.2d 517 (1933).

                                           REFERENCES

 Collateral References. Assignee's right to enforce lien on automobile for storage. 48 A.L.R.2d 894; 85 A.L.R.3d 199.
 Automobile, lien for storage of. 48 A.L.R.2d 894; 85 A.L.R.3d 199.
 Garageman's lien for towing and storage of motor vehicle towed from private property on which vehicle was parked without
 permission. 85 A.L.R.3d 240.
 Lien for towing or storage, ordered by public officer, of motor vehicle. 85 A.L.R.3d 199.
 Public official, liability of owner for storage of or services in connection with automobile under authority of. 36 A.L.R. 955; 50 A.L.R.
 1309.
 Sale of vehicle without hearing. 64 A.L.R.3d 814.

 T.C.A. § 66-19-103
 TN ST § 66-19-103