No. 12872.

351 P.2d 1076 (1960)

In the Matter of the Application of John SMITH, Jr., for writ of habeas corpus.

Court of Criminal Appeals of Oklahoma.

May 3, 1960.

Attorney(s) appearing for the Case

Elmore Page, Tulsa, for petitioner.

Robert D. Simms, County Atty., Tulsa County, Tulsa, for respondent.

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...

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