In re Hoopai

OPINION OP THE COURT BY

JUDD, C.J.

Tbe petitioner was tried and convicted of the offense of rape .at the last December term of the Circuit Oourt, Second Circuit, and was sentenced by the court to imprisonment at hard labor for a term of three years and to pay costs taxed at $18.50. Application was immediately made on the prisoner’s behalf to the Circuit Judge for a writ of habeas corpus. The writ issued and after a hearing the Circuit Judge dismissed the writ, whereupon the petitioner appealed to this court.

The statute authorizes as the punishment for rape a fine of not exceeding one thousand…