ROY NOBLE LEE, Chief Justice, for the Court:
Allen Nicolaou, presently in the custody of the Mississippi Department of Corrections at Parchman, has filed a motion to return to Hancock County jail during the pendency of his appeal to this Court. In his motion asserting a right to return to the jail in the county of his conviction, Nicolaou relies on Miss. Code Ann. § 99-19-39 (1972) and this Court's holding in Lang v. State,
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