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| . pos ACRINST A REHEARING SE ee je te PE a eee ioage's Ex-Gang Chieftain 4s 2. Believed Likely to Gerve His . Time at Alcatraz. —_ i 4 T"WASHINGTON, @ot. 16:—Prob- ly the: last pVenue. through which ae ine --Cupone ~ falght “Rave “pecaped | “gerving . the rast of his ten-year prison ~pentence “for ay Bempted “evasion’ pf “income vax, | 1025 to 1827, was blocked to teay by the Supreme Court.- - Without explanation the court re- fected @ petition of the former Chi- | cago gang \eader for review of Jower court findings, in a habeas ,Sorpus proceeding. Counse] for Capone, conceding in- ‘come tax evasion charges, argued! that as the indictment was drawn | more than three years after the ‘al. Jeged offenses occurred, the statute! ef imitations barred the court from taking jurisdiction. . The action of the high sourt left to Capone the sie recourse of an. mppeai for a rehearing, a move in which the odda would be against . As a result Capone is likely stay at Alcatraz prison at least Gatil he becomes eligible for parole, Since the court confined its ruling to the essential point of the peti- Hon, it threw no light on the ques- fon whetbér counsel for Capone, in appealing to the Court of Ap from the decision of the Dis- Court for Northern Niinois, had erred In failing to raize the Statute of limitations as a jegal impediment to his trial Besides the ten-year prison sen- | tence, Capone received a year's’ term i in county jail and a fine of At the trial, counsel. for Capone asked the court to direct a verdict of not guilty on the ground that the statute of limitations prevented jeonslideration of an offense three years prior to the indictment. The. vermment replied that In this case! e tim tation vee six years because | ttempt ’ Getraud” the q alted Stated. * “ y. The. trial court Sverruled the mo- for a directed verdict, On ap- , reversal of the conviction was ught on the gole ground of in- clency #f the indictment and Be question af tive statute of taal: tions was sot ny ‘ | . . —— j Be. fhpecia: to ‘Tax Naw: Yoak, Traces. = f- e 7 ines ra A