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te ht it This can be fpnd while the ‘o in the.penitentiary, as tn F yeplerday, but througbe their conduct af abe defense they - Heated thar the case would be taken, “if necemmary, to the Supreme court. 6 Appeals Court Ruling. - ‘ The opinion of the Cireult court wail unanimous and it upheld Capone convictlon on all of the five counts eet up by che jury in tte verdict of gulty. namely, willful attempts to evade and defeat income taxes for th veare 1925, 1926. and 1 and will uilure to file Income tax returas for ibe yearm 1928 and 1978. Judges Bamuc! dlechuler, Evan - Evsos, and Will M. @parks beard the appeal and Judge &parks wrole the opinion. which federal prosecutors termed exhaustive and clear cut, The merita of the defense copten« Uona wera found by the Appellate court to be at most technical, and ibe errors relied upon. if conceded, not wuffcient to affect the subetantial ight of the defendant. . ' ‘ The Defense Contentions. . 4a tbe uererse contended tha: the ime ogy dictment wea phrased In the geners terms of the statute and waa not SuMcientiy particular te enable the ™, accused to prepare a proper defenad. . t waa gle> conlended thet Capone a culd have been treed twice for the sume off)ense, had be been found not aa EvUty on the evidence adduced at the am fires cial _ ot Judge Wilkerson erred, it ‘Wel charged, In pot sumaining, Bra a demurer to the indictmedt abd seo. ond, a motion in arrest of Juégrent, These were the only sesigenmentas oF error, there being no attack oo the auMiciancy of the evidence. “Toletpreting these constl{ution 4 Provislona,” ald the Circuit oourt » opinion, “ courte have quita generaliy | held that where the offense ls parely Statutory. having wo relation to fhe common lew, it te, as & general raul muficient in the indictment to chargé (he Gefendant with acte coming fully within the statutory description i the substantial words of the statute t An Essential of Indictment. i ™ “Bot jt is also tro that the @ee cused must be apprised by the tm 7 dictment, with rassonablq certainty, a sf the marvre of the accusation, againat him, to the end that be may " Prepore hus Geico wad plead # . judgment as a ber to any subsequent e + SH prosecution for the same offense.” The upinion pointed-out that the - casey in Which |ndjctments bars ae a attacked on thase constitutional § “grounds are legion, that some hava, “been beld good and gthers bed, de