Ex Parte Gillmore

BELCHER, Commissioner.

The appellant stands charged by indictment with the offense of rape. In his application for the issuance of a writ of habeas corpus, he prays that upon a hearing he be granted bail in order that he may be released pending the disposition of his case.

On the hearing, proof was offered that the thirty-one year old appellant had forced the twelve year old prosecutrix, at knife point, to go with him to his house, where he had an act of sexual intercourse with her. When he went to the bathroom, she escaped and reported the occurrence.

A relative of appellant testified that,…