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Al Capone — Part 32
Page 70
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: ot -Cyicago, was started im the |*
federal District court of Atlanta while j-
he was imprisoned in the federal penl- |
tentiary there, but before its final re-
jection by the Supreme court Capone
had achieved the release he sought. |
He was iaken out of the penitentiary
there, but wasdodged_ iy a new one on
Alcatraz Island, off the California coast.
Nevertheless the petition for a writ
of certiorart, which the Supreme court
denied today, was in the matter of
Alphonse Capone vs. A. C. Aderhold,
the latter being warden of the Atlanta
penitentiary. Capone's lawyers raised
his plea after he had been committed
to the penitentiary on May 4, 1932. A
Supreme court decision in another case
held that the atatute of limitations in
criminal income tax cases is three
years, and net six, as the government
relied upon in convicting Capone.
But Capone's lawyera had failed to
raise the plea during the trial and thiz
precluded him from further relief. :
The Supreme court teok under ad-
visement the case’in which Sam
T. Ansell, who investigated elec
in Louisiana, is suing 594
Long 500,000 libel.
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