Ex Parte Stone

Edwin Dabney, Atty. Gen., and J. H. Lawson, Asst, habeas corpus for bail. Petitioner alleges that he is held by the sheriff of Garfield county under commitment of a justice of the peace on a charge of rape in the first degree, that an application for bail was presented to the district judge of that county and bail denied.

The petitioner is charged with rape in the first degree as having been committed upon the person of a female child. 8 years of age. Rape in the first degree is punishable by imprisonment not less than 15 years; the maximum punishment is death. Section 1838, Comp. iStat. 1921.…