# Demurrer to Indictment in Case 23232 (29 September 1931)

Canonical: https://mobfiles.org/items/nara-55311258-capone-demurrer-23232-1931/

Defense demurrer of 29 September 1931 challenging the sufficiency of indictment 23232. The court overruled it, and the Seventh Circuit upheld that ruling.

The defense demurrer to indictment 23232, filed 29 September 1931. The catalog holds it as 23 page images and a PDF. A companion item, "Demurrer to Indictment in Case 22852" (NAID 55311241), is listed in the same file and is not filed here.

The Seventh Circuit's 1932 opinion describes the hearing. Counsel withdrew the plea of not guilty so that the "quite lengthy demurrer" could be filed, then declined to argue it, and "The court then overruled the demurrer and the plea of not guilty was re-entered." The appeal turned on that ruling; the court held the counts sufficient.

The page images were not read for this archive. The description follows the National Archives catalog entry.

## Sources

- National Archives Catalog: https://catalog.archives.gov/id/55311258
- National Archives file unit 1105475, The United States of America v. Alphonse Capone: https://catalog.archives.gov/id/1105475