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e] 4 a“ Tete 1 Es aa i prison in Ran BPrencieco Bar, i the high court a brief opposing a re-. Mview by that tribunal of a habeas “time Chicago gangster. t Brief Telis High Court Gang- _ Ster’ ry Petition Has No © New ‘Questions. « oe the negative yesterday to an effort by Alphonse Capone to have the Bupreme Court order his release from Alcatras rr Sewage eye The Justice Department filed with corpus proceeding brought by the oner. Recently Transferred. “a Capone recently was transferred from Atlanta to the Alcatraz Peniten= tiary to serve the remainder of a 10< year sentence which he began in May, 1932. The prison sentence and @ fine. of $10,000 was imposed on him by the Federal courta in Dnols for al- leged violation of the income tax laws. At the time of his trial, Capone. contended he could wot properly be- prosecuted because the charge was not brought within three years of the” offense. When the lower Federal courts decided against him, he sought" review by the Supreme Court which was refused. Habeas Corpus Actien. : Recently while sat Atianta, he brought habeas corpus proceedings in the Federal courts there to obtain his tending he was unlawfully deprived of his freedom. Again the lower Federal courte de- cided against him and he is now ask-" ing the high court to review their Nene ' Bolicitor General Biggs, in opposing. Pn on the review, declared no new questions — - oC Tee: a : were ralsed by Capane’s present peti-) 1° tion. He contended that with four ov ; ve the prosecution had been brought in |: a Re ye “ov ume, and with the Supreme Oourt. mate wee —,