Nix, a Negro, charged with rape of the wife of his nephew, has appealed (Code 1940, T. 15, § 369) from an order of the Probate Judge refusing him bail. Considering the record and § 16 of the Constitution as applied in Alexander v. State, Ala.App., 96 So.2d 315; Jordan v. State, 38 Ala. App. 674, 92 So.2d 433; Smith v. Bridges, 38 Ala. App. 666, 92 So.2d 60; Anchrum v. State, 38 Ala. App. 521, 89 So.2d 225; McDoniell v. State, 37 Ala. App. 727, 68 So.2d 925; Higginbotham v. State, 37 Ala. App. 724, 68 So.2d 925; Bradford v. State, 37 Ala. App. 483, 70 So.2d 816; Miles v. State, 36 Ala. App. 640, 61 So.2d 866; Easley v. State, 36 Ala. App. 541, 60 So.2d 479; Robinson v. State, 36 Ala. App. 528, 60 So.2d 302; and Colvin v. State, 36 Ala. App. 104, 53 So.2d 99, we conclude bail should have been allowed. Ante, p. 157.