
    Ex parte TAYLOR.
    (No. 9103.)
    (Court of Criminal Appeals of Texas.
    Nov. 26, 1924.)
    Bail &wkey;?43 — Denial of bail to one charged with rápe heid unjustified.
    Where defendant’s only connection with rape was that he with another girl accompanied prosecutrix and accused to a point near which the rape was committed, and evidence did not justify conclusion that death penalty would be inflicted, denial of bail was unjustified.
    Appeal from District Court, Polk County; J. L. Manry, Judge.
    Ex parte proceeding by Joe Taylor. Erom a judgment refusing him bail, he appeals.
    Reversed, and bail fixed.
    Rowe & Rowe, of Livingston, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

This is an appeal from an order of the district court of Polk county refusing appellant bail. •

Appellant was charged with rape upon a girl 14 years of age. It will not be necessary to discuss the facts further than to state thp.t prosecutrix and one Clark were accompanied by appellant with another girl to a point in the woods, at which place Clark and prosecutrix got out of the car, and went about 25 yards to a point where they had intercourse. It is not disclosed by the record whether said place was in view of the parties in the car or not. It is manifest that appellant is sought to be held as a principal offender with Clark. Not believing the evidence such as to justify the conclusion that upon a fair trial appellant would be accorded the death penalty, the judgment denying bail will be reversed, and bail here fixed in the sum of ?2,500. 
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