Application of Smith

BRETT, Judge.

This is an original petition for habeas corpus, brought by John Smith, Jr., 18 years of age. He alleges that he is being unlawfully denied bail on a charge of first degree rape, T. 21, § 1114, O.S.1951, after a former conviction. He says that under T. 21, § 51, O.S.1951, the restraint is unlawful in this, that although the person with whom he had the unlawful sexual intercourse was only 13 years of age, he is not yet over the age of 18 years since he has not yet reached his 19th birthday, hence, the crime charged would not be rape in the first degree, but instead, rape in the…