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ne Chicago Herald & Sraminer * 5/27/32. CAPONE PENS NEW FIGHT FOR FREEDOM Refusing to abandon the legs! battle ‘for freedom, “Barcface Al” Capone, already in Atlanta peniten- Wary, filed « petition in the United States Supreme Court yesterday, asking reconsideration of hia ‘ap peal from the conviction on income tax law evasfon coarges. Michael Ahern, counse! for the gangster. asserted, in axking the re- bearing, that legal errors in the in- dictment justified consideration of the appeal. | He stated that the indictment was sn drawn that Capone was not protected against # second prosecu- tion for the same offense. He also argued that the ten-year sentence ‘was imposed for offenses which were shown by the government to be barred by the statute of limita- tions. . He further contended that the indictment itself showed Capone eee a ofint tf Ohfeegn continue ously from the time the evasion was alleged to have occurred, and the government, therfore, could | not contend Capone was absent, to excuse thétetey-sn bringing pro ocedings agalnst him een \F wy ' Chicago Deily Tribune - 5/27/32. LAWYER-MAKES* - A FINAL PLEA FOR AL CAPONE ease. Attorney Michael Abern. filed the petition, argued that Capone on oer- statute of limitations had run tain years involved in the tncome ‘h the Bu- tax charg Cases in whic! preme coum Reeomeders after refuse ing to review are rare.