Evening star., 1932-02-28
CAPONE DUE TO co
TOPR|SON At ONCE
Removal May Be Asked To-
morrow as Court UphoIdS
11-Year Sentence.
BY the Associated Press.

by inc hSSoClaleu freSS.
CHICAGO. February 27.-"Scarface
Al Capone's 1l-year sentence for in
come tax evasion was sustained today
by the United States Circuit Court OF
Appeals.
Thus the worlds most notorious
gsngster was brought nearer a prison
sentence, although it was on a book
keeping charge of tax violation rather
than for any of the higher crimes
charged to his regime of violence and
murder.
The decision in favor of the Govern
ment left the gang leader with only two
faint rays Of hope: A rehearing by the
Appellate Court and a review by the
United States Supreme Court. None OF
his underlings had succeeded in these
final appeals.
Capone, when the news reached him
in his county Jail cell, turned without a
word and flung himself on cot, his
face out of view.
In Jail Since October "a.
The burly gangster had been in the
county Jail since october "a when Fed
/ tldl OudsC NIlhCioOlA 6ofS
/ him the stiffeSt penalty ever recorded
| in an income tax case, II years i'm
prisonment and $4,000 fine. For four
months he had been awaiting the out
come of the appeal and getting no
credit on his sentence.
| The Appellate Court. working rapidly,
| found no basis for Capone'S conteE-
! tiCn that the indictments against him
were insufficient and that he had been
| deprived of his constitutional rights
On the contrary, the court found that
the language Of the indictments "fol-
lows explicitly the language Of the
| statute" and that Judge Wilkerson
made no error when he overruled the
demurrer and motion in arrest OF
Judgment filed by Capone's counsel.
Even if slight mistake had been
made in the wording of the indict-
ments, the court held, the defect
would be Of a technical nature not
affecting the substantial rights of the
appellant.
Inconsistency Alleged.
In arguing the appeal, Capone's at
torneys made no mention of the evil
dence brought up in his trial or the
sentence by Judge Wilkerson. Briei
mention was made Of an alleged in
consistency in the verdict the jury
finding the gangster guilty on five
counts and not guilty on IT. This was
not referred to in the decision OF the
Appellate Court.
The appellate court usually waits u
dayS before ordering defendant u
prison, giving his attorneys time to filt
a petition for rehearing. 1t was an
nounced at the district attorneys Of
fee, however, that because OF the un'
usual nature of the case, the mgr
court would be asked Monday to dis
solve the writ of Supersedeas now hold
ing Capone in Chicago and to ordel
his immediate removal to prison.
Both of Capone's attorneys were ou
of town today and the gangster'
friends were kept at safe distance
from the county jail.
Special Guard at Jail.
Yesterday the United States marsha
placed a special guard at the jail be
cause of rumors that Capone was still
in contact with his gang and might at
tempt a break for freedom.
Although Capone's sentence specifle'
that he should be taken to Leaven
worth. Kans., there was possibility
that the Government might take hin
to some other prison. In order tx
break up the concentration OF Chicago
gargsters at the Leavenworth Prison
the Government several months agt
shifted Ralph Capone, AIS brother anc
helper, to a Federal penitentiary on the
West Coast.