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RECEIVED ote, <- CAPONE LIKELY 70 6070 PEN AT QUE Wants to Get Credit for Time He Must Serve While His Appeal Is Being Decided On CHI€4GO, Oct. 28 INS). Al Capone may to his tes Gov- go to tary, his But this capitulation would be made only avoid “wastine time” white his attornc:« strive in hisher courts to win a reser: f the fury verdict findins him guilty of defraudine the Govern: ment eut ef his income (aa. Ball Tea Denied ‘The Capone met short taken ta Leavenworth. wnere he: servence ty tare a We 7 arose as a tons Gtenre of a Tue br the Circuit Court | Appeals. denving the gangster his liberty. Washinghon Fares 10/28/37. Ho® tn granting Capone's petition for a slay of senter while at the same time dervin: bail. is no value to the eonvicted ganester’s cause. Unisss @ court Digher than the appeiizte orders Capone released on bai!. be may voluntarily request to be sent to Leavenworth without further de lay an arder to receive credit on his sentence should his appeal be denied. Case May Sbift Here -| Michael Ahearn. the ranzster's jattornes, imtimated he way ge [to Washington and ask Sopreme ‘Court Justice Van Wersmter fer an order admitti | ‘Tous. the appellate court's ac | 3t customary procedure pre rails. Capone's appeat argued before the t! in about to mant Ter.dered prons UW the spniiy’ is the appeal. ane:h-r year will prooabiy be eonsuraed in iiline and arzutnz the 2ppeal before the Uniied States Supreme Court. Mranthile. Capone spends of his tume in his tiny jell |, amusing himself with salt a. cei taire, c ST 2831