Ex Parte Tully

In an application for a writ of habeas corpus made to- a Justice of the Supreme Court of Florida, it is in effect alleged that the petitioners have been denied bail and are held in custody by the Sheriff of Leon County, Florida, by virtue of a mittimus issued under a charge of rape; that the petitioners “do- not question the legality of the process under which they are held, or the proceeding out of which process issued; but allege that they are guilty of no capital offense whatsoever,” and are unlawfully held in -custody by being denied the right to give bail; that petitioners ask for a…