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, ro -CAPONE’S PLEA || _ : - * FOR FREEDOM, * _ ‘Washington, D. C., Sept. 19.) ee Oe - . mégative “today™to’ an effort by Ak me . phonse Capone to have the Supreme court order his release from Alcatras prison in Ban Francisco bay. . ~ ‘The justice department fled with the high court « brief opposing @ re- | view by that ‘tribunal of habeas} . bel SU noggin re pey rap scenes i Capone recently was transferred from Atlanta to the Alcatraz peniten tlary to werve the remainder of a ten year aentence which he began in May, , 1932. ‘The prison pentence and a fine of $10,000 was imposed on bim for, alleged violation of income tex lawa. At the time of his trial Capone con: , 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 petl+ tion. Me contended that with four lower federal courts agreeing that the had been brought in time, and with the Supreme court haviog once refused to pass of the questl should again decline to grant mY seme QL (G/F B-HE- Chisaze Tihs,