Al Capone concurrently. New lawyers hired to represent Capone were Washington-based tax experts. They filed a writ of habeas corpus based on a Supreme Court ruling that tax evasion was not fraud, which apparently meant that Capone had been convicted on charges relating to years that were actually outside the time limit for prosecution. However, a judge interpreted the law so that the time that Capone had spent in Miami was subtracted from the age of the offences, thereby denying the appeal of both Capone's conviction and sentence. Capone was sent to Atlanta U.S. Penitentiary in May 1932, aged 33. Upon his
Louis Capone result of Reles' assistance, Capone was indicted in the Penn murder. However, Capone never went to trial on these charges. On November 30, 1941, Capone and the other defendants were convicted of first degree murder in the 1936 Rosen killing. At that time, New York state law mandated the death penalty for this offense. Over the next two and a half years, Capone and his co-defendants filed a series of legal appeals that culminated in a case review by the United States Supreme Court. After their legal appeals were exhausted, the condemned men submitted clemency petitions to the governor of