
    Ex parte J. C. HILL.
    (No. 10929.)
    Court of Criminal Appeals of Texas.
    April 27, 1927.
    Appeal from District Court, Crosby County; Homer L. Pharr,-Judge.
    L. A. Wicks, of Rawls, and Bledsoe & Crenshaw, of Lubbock, for appellant.
    Sam D. Stinson, State’s Atty., and Robt. M. Lyles, Asst. State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Relator was indicted for rape upon his 15 year old daughter. Upon habeas corpus hearing for bail, nd criminative evidence was introduced by the state, save that of prose-cutrix. Bail being denied, relator appeals. Prosecutrix claims that appellant had been having intercourse with her since she was 9 years old, and that the last act occurred on the 12th of Bebruary, 1927; that she left home about a week later, and went to a married brother’s, who was living at Breekenridge, some 300 miles from where relator and prosecutrix lived. This brother was 26 .years of age. Prosecutrix admits that while there she complained to this brother of her father’s conduct, but denied to him that relator had ever had intercourse with her. The brother and his wife brought her home, and in the presence of relator and the brother and wife she again denied that relator ever had intercourse with her. She also admits that she had told a number of other people that relator had never had improper relations with her. We think it unnecessary to set out in detail or discuss the evidence. Brom the entire record and the contradictory and impeaching admissions of prosecutrix, we are not impressed that the evidence supports the judgment remanding appellant without bail. Ruston v. State, 15 Tex. App. 324; Ex parte Lynchard, 71 Tex. Cr. R. 301, 158 S. W. 520; Ex parte Mullins, 98 Tex. Cr. R. 225, 265 S. W. 580; Ex parte Taylor, 98 Tex. Cr. R. 415, 266 S. W. 418. The judgment denying bail is reversed, and bail granted, in the sum of $5,000.  