State v. Grey

OPINION

DAUGHTREY, Judge.

This interlocutory appeal presents the question of whether a defendant who is *260being 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 of the sheriff and proof of the fact, may order the prisoner, by mittimus or warrant, to be removed to the nearest sufficient jail.

The parties have stipulated that the defendant was arrested on…