MILLS v. HOWARD

No. 1379-M. P.

280 A.2d 101 (1971)

Robert F. MILLS v. Francis HOWARD, Warden.

Supreme Court of Rhode Island.

July 28, 1971.


Attorney(s) appearing for the Case

Cary J. Coen, Richard B. Tucker and John M. Roney, Providence, of Rhode Island Legal Services, Inc., for petitioner.

Robert R. Afflick and David G. Lussier, West Warwick, for respondent.


OPINION

KELLEHER, Justice.

This is a petition for habeas corpus. At the time of its filing, the petitioner was incarcerated in the Adult Correctional Institutions by virtue of a body execution issued by the Family Court pursuant to the provisions of G.L.1956 (1969 Reenactment) § 15-5-16. This section provides that upon the submission of an affidavit by a wife or her attorney alleging the nonperformance by a...

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