David Milgaard, who spent 23 years in prison for a murder he did not commit, found himself back in custody yesterday after being arrested by Calgary police.

Milgaard, who lives in Calgary with his wife and two young children, appeared before a judge and was charged with one count each of assault, assault with a weapon and uttering threats related to a domestic incident.

Milgaard's longtime lawyer, Hersh Wolch, says he's looking into the matter and will deal with the charges.

Milgaard was just 16 years old when he went to prison for the rape and murder of Saskatoon nursing aide Gail Miller in 1969. D-N-A evidence later led to the conviction of Larry Fisher for the crime.