Picillo v. Sharkey

This cause is before us on a writ of habeas corpus issued out of this court for reasons hereinafter appearing.

The petitioner was indicted, tried to a jury and convicted of being a common gambler within the meaning of G. L. 1956, §11-19-18. After his motion for a new trial was denied by the trial justice, he was sentenced to serve one year in the Adult Correctional Institutions and thereafter claimed an appeal under Rule 73 of the Super. R. Civ. P. The jurisdictional procedure for review in this court being by way of a bill of exceptions, his claim of appeal was futile and there then followed…