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THURSDAY, MARCH 30-DAY STAY GIVEN CAPONE SUPREME COURT TULSA OKLA WORLD APPEAL STOPS MAR. M31 TRIP TO PRISON Loses Decision but CAPONE GETS MONTH'S STAY ILLINOIS Is Granted Stay Refuse 1932 quiry THURSDAY, March 24,1983, S RETRIAL Appeals refused conviction under CAPONE'S LAWYERS fined $50,000. PREPARING APPEAL PLEA; REMAINS MAR 24 1932 ezar was granted effect permits ITO SUPREME COURT Cook County Supreme CAPONE TO APPEAL Gangster Denied Rehear- ing, But Is Granted Stay TO SUPREME COURT Thirty Days. Cited Appellate Tribunal Refuses of Case yesterday won another postponement of his trip in Leavenworth penitentiary States Circuit Court although denying the rehearing of his income re- fraud granted month's is while lawyers file over petition for review with the Unit- too much was five States Court. AL TO STAY IN JAIL Meanwhile Capone will remain in the had the county jail, where he has al- United ready spent five months marking on his Court it without prison credit while Appellate lawyers appealed the eleven- sentence imposed by Federal Judge Wilkerson. for yes His county jail stay may be even longer, depending on the time it tha take the high court to dispose nty petition. pointed out four the appeals of other on Chicago convicted of in- have been Supreme Learning of re come hearing, Michael Ahern Albert son the to release appeared before Court Judges Samuel Alschuler and Will Sparks on a petition for stay mandate. George Q. John- attorney, the arguing: reason or another the has found It necessary Capone Stay Against Trip to Prison guard at the jall cell of CITES EXPENSE. The would After Pending His Appeal to the Supreme Court for this to THE Ngw YORK TIMES of Al Capone without unnecessary all offi- delay, do Leavenworth cases should. But If we take to of serving his :for-granted that public officials, cases tax jail authorities, will perform their for The duties, don't see how meluding stay *6r perform their asked grants the pent- This has been to the tried," the judge said. that the mandate be Federal thirty days, and that if in days time you have filed your petition for on the writ of certiorari with the ately Court, be continued Michael Ahern, the Supreme Court applied any question about acte and Will already been is con- relates solely then United hereet be the States the court 1 Tohnson Capone receives no credit toward neces while Fall the jail jail, where he has been for four the half He must serve like to be relieved years the and suggest time he year for 3 and spend the Alechuler agreed, sentens James does his "the case ought to be disposed of son, who also fined him $50,000.

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    "ocrText": "THURSDAY, MARCH\n30-DAY STAY GIVEN CAPONE\nSUPREME COURT\nTULSA OKLA WORLD\nAPPEAL STOPS\nMAR.\nM31\nTRIP TO PRISON\nLoses Decision but\nCAPONE GETS MONTH'S STAY\nILLINOIS\nIs Granted Stay\nRefuse\n1932\nquiry\nTHURSDAY, March 24,1983,\nS RETRIAL\nAppeals\nrefused\nconviction\nunder\nCAPONE'S LAWYERS\nfined $50,000.\nPREPARING APPEAL\nPLEA; REMAINS\nMAR 24 1932\nezar\nwas\ngranted\neffect\npermits\nITO SUPREME COURT\nCook\nCounty\nSupreme\nCAPONE TO APPEAL\nGangster Denied Rehear-\ning, But Is Granted Stay\nTO SUPREME COURT\nThirty Days.\nCited\nAppellate Tribunal Refuses\nof\nCase\nyesterday won another\npostponement of his trip\nin\nLeavenworth\npenitentiary\nStates\nCircuit\nCourt\nalthough denying the\nrehearing of his income\nre-\nfraud granted month's\nis\nwhile lawyers file\nover\npetition for review with the Unit-\ntoo\nmuch\nwas\nfive\nStates Court.\nAL TO STAY IN JAIL\nMeanwhile Capone will remain in\nthe\nhad\nthe county jail, where he has al-\nUnited\nready spent five months marking\non\nhis\nCourt\nit\nwithout prison credit while\nAppellate\nlawyers appealed the eleven-\nsentence imposed by Federal\nJudge Wilkerson.\nfor\nyes\nHis county jail stay may be even\nlonger, depending on the time it\ntha\ntake the high court to dispose\nnty\npetition. pointed out\nfour\nthe\nappeals\nof\nother\non\nChicago convicted of in-\nhave\nbeen\nSupreme\nLearning\nof\nre\ncome\nhearing, Michael Ahern Albert\nson\nthe\nto release\nappeared\nbefore\nCourt\nJudges Samuel Alschuler and Will\nSparks on a petition for stay\nmandate. George Q. John-\nattorney,\nthe\narguing:\nreason or another the\nhas\nfound\nIt\nnecessary\nCapone Stay Against Trip to Prison\nguard at the jall cell of\nCITES EXPENSE.\nThe\nwould\nAfter\nPending His Appeal to the Supreme Court\nfor\nthis\nto THE Ngw YORK TIMES\nof\nAl\nCapone\nwithout\nunnecessary\nall\noffi-\ndelay,\ndo\nLeavenworth\ncases\nshould.\nBut\nIf\nwe\ntake\nto\nof\nserving his :for-granted that public officials,\ncases\ntax\njail\nauthorities,\nwill\nperform\ntheir\nfor\nThe\nduties,\ndon't\nsee\nhow\nmeluding\nstay\n*6r\nperform\ntheir\nasked\ngrants\nthe\npent-\nThis\nhas\nbeen\nto\nthe\ntried,\"\nthe\njudge\nsaid.\nthat\nthe\nmandate\nbe\nFederal\nthirty\ndays,\nand\nthat\nif\nin\ndays\ntime\nyou\nhave\nfiled\nyour\npetition\nfor\non\nthe\nwrit\nof\ncertiorari\nwith\nthe\nately\nCourt,\nbe\ncontinued\nMichael\nAhern,\nthe\nSupreme\nCourt\napplied\nany\nquestion\nabout\nacte\nand\nWill\nalready\nbeen\nis\ncon-\nrelates\nsolely\nthen\nUnited\nhereet\nbe\nthe\nStates\nthe\ncourt\n1\nTohnson\nCapone\nreceives\nno\ncredit\ntoward\nneces\nwhile\nFall\nthe\njail\njail,\nwhere\nhe\nhas\nbeen\nfor\nfour\nthe\nhalf\nHe\nmust\nserve\nlike to be relieved\nyears\nthe\nand\nsuggest\ntime he\nyear\nfor 3\nand\nspend\nthe\nAlechuler agreed,\nsentens\nJames\ndoes\nhis\n\"the case ought to be disposed of son, who also fined him $50,000."
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