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...
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