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STATE v. KILPATRICK

52 S.W.3d 81 (2000)

STATE of Tennessee v. Charles E. KILPATRICK, Jr.

Court of Criminal Appeals of Tennessee, at Nashville.

Application for Permission to Appeal Denied March 12, 2001.

Attorney(s) appearing for the Case

John B. Nisbet III, Cookeville, TN, for appellant, Charles E. Kilpatrick, Jr.

Paul G. Summers, Attorney General & Reporter, Marvin E. Clements, Jr., Assistant Attorney General, and Owen G. Burnett, Assistant District Attorney General, for appellee, State of Tennessee.

Application for Permission to Appeal Denied by Supreme Court March 12, 2001.

OPINION

WADE, P.J., delivered the opinion of the court, in which RILEY and OGLE, JJ., joined.

The defendant was convicted of possession of a controlled substance in a penal institution. On appeal, he claims that the evidence was insufficient because the county jail is not a "penal institution" and that the trial court erred...

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