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‘CAPONE WAIT By Toternaational News Service The Government, ina brief om in the Supreme Court today, ridi culed the plea of “Al* Capan his conviction for income fraud. : Capone, now in Alcatraz priso is seeking his release on a writ habeas corpus. Once defore high court refused to consider case, . The brief of Solicitor-Gener J. Crawford Biggs, says: “The petition for a writ o certiorari is without merit o any theory. -As shown by th _ 1931, when the case was prev jously before this court, peti foner raised the precise an only question he now seeks have reviewed.” Capone’s lawyers contend a three-year statue of limitatio had expired before his indictme in Chicago. ‘The Government i denied this and #a-adciuon, 8 tai eee” + he came within pass e 2 Scop of a year statute. oe / Per