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Al Capone — Part 33
Page 25
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WASHINGTON, Aug. BA. PI
phone’ Capone, the ‘convicted
cago gangster, asked “the Su-
wigment St dewey Courts denying
Dim a writ of habeas corpus tied ©
nat A.C. Aderhoid, warden of
Atlante penitentiary. “wi
Attotney Wiliam ©, Leahy and
tlliam 3, Hughes Jr. of Waabing-
fou. jit contended Cayene “was
fried in the Federal Distaget Court
gn Iilinois and convicted pn three
pharges of violating the Internal
revenue laws after expiration of she
‘statute of Umitations.
4 The petition said Capone, ene-
“ime terméd ‘public anemy No, 1,"
aves eonvicted for violation of the
‘gncome tax iaws for the calendar
wyears 1925, 1925 and. 1927, ‘and in-
‘dictments were not returned until
j June 5, 1831.
The petition sald on ‘these three
counts Capone, who recently was
transferred to the new Federal
prison at Alcatraz in San Francisco
‘Bay, was ‘sentenced to an ageregate
lof ten years in the penitentiary
nd to pay a fine of $30,000 on
those three counts. —
The indictment, the petition said,
‘ghowed on jts face that the of-
fenses charged in counts 1, 5 and 9
‘were committed more than three
lyears prior to the filing of the tn-
dictmentc’. * ,
Capone ‘filed his’ petition for 2
habeas corpus writ in the Federa}
court of northern Georgia and St
-was denied, He appealed to the
‘Cireult Court of Appeals in the
yitth Cireust, which affirmed the
‘Judgment of the jower ‘court,
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