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“CAPONE’S PLEA | FOR FREEDOM {. yasbington, D. ©., Rept. paren Ll 7 #he government answered back fa the - Dégative “today te’ an effort by Ak phonse Capone te have the Supreme court onder bis release from Alcatras prison !n San Francisco bay. . 7” The justice department filed with the high court a brief opposing a re: | i i view by that ‘tribunal of a habeas corpus proceeding brought by the one time Chicago gangster. Capone recently was transferred from Atlanta to the Alcatraz penitene . tiary to serve the remainder of « ten year sentence which he began in May, . 1932. The prison sentence and a fine of $10,000 was imposed on him for. alleged violation of income tax laws. At the time of bis trial Capone cons , tended he could not properly be prose: ° cuted because’ the charge was not brought within three years of the al leged offense. Solicitor General Biggs, in opposing the review, declared no new questions were raised by Capone's present peti: tion. He contended that with four lower federal courta agresing that the prosecution had been brought in time, and with the Supreme court having once refused to pass op the questio; should again decline to grant U.S. ATTACKS 7 my : a -¥ CNBR erry er repr? z bat cl Pa a te esi, oh 7 a — r r