Ex Parte Hennington

HAWKINS, Judge.

— Relator appeals from an order of the Hon. R. J. Alexander, District Judge, remanding him to jail in default . of $1500 bond required.

Relator was charged with rape. Habeas carpus proceedings were instituted, and upon the hearing the state introduced the indictment and capias under which relator was held, admitted that he was entitled to bail, and rested its case. The statement of facts before .us reveals the following colloquy by Mr. Mayfield, the district attorney, Mr. Hair, attorney for relator and the court:

“Mr. Mayfield: The application filed is based on the indictment in…