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oy adits ” ‘The plea of Al Capone, Yormer gins ot -Cutcago, was started im the federal District court of Atlanta while tentiary there, but before its final re- had achieved the release ha sought. He was taken out of the penitentiary there, but wasdodgesiz a new one on Alcatraz Inland, off the California coast. Nevertheless the petition for a writ of certiorari, which the Supreme court ented today, was in the matter of Alphonse Capone vs. A. C. Aderhold, the latter being warden of the Atlanta penitentiary. Capone's lawyers raised his plea after he had been committed to the penitentiary on May 4, 1932. A Supreme court decision in another case held that the atatute of limitations in criminal income tax cases is three years, and not six, as the government relied upon in convicting Capone. But Capone's lawyera had failed to raise the plea during the trial and this precluded him from further relief. ‘The Supreme court took under aa he was imprisoned in the federal pen!- |' i