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eae Chicago Herald & raminer * 5/27/32. t CAPONE PEAS NEW FIGHT FOR FREEDOM Refusing fo abandon the legal! battle for freedom, “Sarcface Al” Capone, already in Atlanta peniten- tiary, flied a petition in the United ‘States Bupreme Court yesterday, ‘asking reconsideration of hia ‘ap- peal from the conviction on Income tex law evas[on coarges. Michael Ahern, counsel! for the gangster. asserted, ib asking the re hearing, that legal errors in the in- dictment justified conaideration of the appeal, He stated that the indictment waeso drawn that Capone was not protected against a second prosecu- tion for the same offense. He also ; atgued 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 itatif showed Capone vee a oa tint tf sfeege contin ously from the time the evasion was alleged to have occurred, and _the government, therefore, could hot contend Capone was absent, to excuse n bringing pro oeedings agalnust him hie, \F iy bys ss an © Chicago Daily Tribune a 5/27/32. LAWYE-MAKES*.* - A FINAL PLEA | FOR AL CAPONE ‘ fe in “ Gounse) for Al Capone, who ‘Atlanta penitentiary serving an «lever year term for income tax fraud, nd terany asked the United States Bu court to reconsider its action in refusing to review the FRDE chiets case, Attorney Michae) Abers, whe filed the petition, argued Uhat Capone could bave been prosecuted twie 1 the same offense under the indi me ‘on which be war tried amdf that ux statute of limitations hed run on : tain years involved in the tncom Cases in which the Bu- aime count TeEomeders after refue- ing to review SPC Tete acrenmmememcsenen ft 2.0 “yoo coe +L ee pS ee