COLLINS, J., delivered the opinion of the Court.
This is an application for leave to appeal from the denial of a writ of habeas corpus.
The petitioner was indicted for rape, assault with intent to rape, and common assault on an infant female, ten years of age. He was found guilty on the charge of common assault and sentenced to two years in the House of Correction. The judgment was affirmed by this Court in Stokes v. State,
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