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
Ralph Capone second time to Velma Pheasant. They had no children and divorced in March 1938. Ralph was placed in charge of the Chicago Outfit's bottling plants during Prohibition. The Outfit was attempting to monopolize non-alcoholic beverages and soft drinks (specifically ginger ale and soda water, commonly used in mixed drinks) during this period when the sale of alcohol was banned. Ralph Capone made large profits for the Outfit and became the dominant soft drink vendor other than Coca-Cola during the 1933 World's Fair. In April 1930, the elder Capone was included in Frank J. Loesch's Chicago Crime Commission "Public Enemies" list.