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STATE v. GREY

602 S.W.2d 259 (1980)

STATE of Tennessee, Appellee, v. Barry GREY, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

April 21, 1980.

Attorney(s) appearing for the Case

John C. Zimmerman, Asst. Atty. Gen., Nashville, John E. Rodgers, Sr., Asst. Dist. Atty. Gen., Nashville, for appellee.

Patricia L. Newton, Asst. Public Defender, Nashville, for appellant.

OPINION

DAUGHTREY, Judge.

This interlocutory appeal presents the question of whether a defendant who is being detained in a local jail prior to trial can be transferred to the state penitentiary for safekeeping under T.C.A. § 41-1125. That statute provides:

In all cases where the jail in which a prisoner is confined becomes insufficient from any cause, any circuit or criminal judge, upon the application...

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