Ex Parte Lynchard

HARPER, Judge.

Appellant was indicted charged with rape on his thirteen-year-old daughter, Nevada Lynchard. He was tried prior to the suing out of this writ of habeas corpus (as shown by the record), resulting in a “hung jury” or mistrial. The evidence adduced on that trial is incorporated in the record as a statement of the facts. Without a discussion of the facts, we would call attention to the fact that appel lant could have been, prosecuted for either one of two offenses,—incest or rape. Had the State elected to. prosecute for incest, the highest penalty authorized "by law to be inflicted…