Al Capone illness to avoid an earlier appearance. In May 1929, Capone was sentenced to a prison term in Philadelphia's Eastern State Penitentiary; he was convicted within 16 hours of being arrested for carrying a gun during a trip there. A week after his release in March 1930, Capone was listed as the number one "Public Enemy" on the unofficial Chicago Crime Commission's widely publicized list. In April 1930, Capone was arrested on vagrancy charges when visiting Miami Beach; the governor had ordered sheriffs to run him out of the state. Capone claimed that Miami police had refused him food and water
Capone (film) recognize Nitti, instead thinking that he is an FBI agent. Nitti's bodyguard tells Nitti that people said that Capone used to be a smart man, but Nitti – who had shown his ambition and loyalty throughout the movie – finally disregards this and expresses his true feelings about Capone, saying that Capone was stupid and forgetful, and only cared about killing people. As the two of them leave, Capone continues to lose his mind until he dies a year later. Screenwriter Howard Browne had written about Al Capone a number of times previously, including "Seven Against the Wall" for "Playhouse