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ao - enamine - al | t t ao te ae i, ss - oa . i us wate \ rn Pr a * - , . % oe 7 t y, Sle. t i preme Court to review the Judgment |’ & of lower courts denying Big a writ of |» * habeas corpus filed “jgainst A. 0. Aderhold, warden of the ‘Atlanta. pend tentiary. : - The petition was “ea for Capone by Attorneys Willlam E. Leahy and William J. Hughes, jr., of Washington. |: It contended Capone was tried in the > Wederal District Court y: Tilincis and a eanvicted on three charge: of violating . the internal revenue laws after ex- - Piration of the statute of limitations. The petition said Capone waz con- Sicted for violation of the income tax and 1627, and indictments were = . returned until June 5,.1931. ‘ ™ Sentenced ie 10 Yearu The petition said on these three counts Capone, who recently was transferred to the new Federal prison at Alcatraz in Ban-Prancisco Bay, was *sentenced to an aggregate of 10 years fa the penitentiary and éo pay o fine of $30,000 on those three counts. The indictment, the petition sald, “showed on ite face that the offenses | ' charged in counts 1, 6 and 0 were|~ committed more than three years prior Revenue laws .provide a three-year attemnt to defraud ta Government. to the filing of the indictment.” Thfee-Year Limit, ~ The petition cited that the Internal limitation on such charges, except for eases Wherein defendants defraud or Jt cited that in the prosecution of Ca- pone, Government attorneys con- Gourt.of Appetla in ireult, rote ee