Ex Parte Hill

HAWKINS, Judge.

Relator was indicted for rape upon his 15-year-old daughter. Upon habeas corpus hearing for bail no criminative evidence was introduced by the state save that of prosecutrix. Bail being denied, relator appeals.

Prosecutrix claims that appellant had been having intercourse with her since she was nine years old, and that the last act occurred on the 12th of February, 1927; that she left home about a week later and went to a married brother’s, who was living at Breckenridge, some 300 miles from where relator and prosecutrix lived. This brother was 26 years of age. Prosecutrix…