Page 1: a typed demurrer in the District Court of the United States of America for the Northern District of Illinois, Eastern Division, United States of America v. Alphonse Capone, etc., No. 23232, headed "Demurrer to Indictment" and "No Offense Charged." — Open the full imageJPG, 1600 × 2635 px, 0.5 MB

Demurrer to Indictment in Case 23232 (29 September 1931)

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

Date: 1931-09-29
Kind: case-file
Source: National Archives Catalog
Retrieved: 2026-10-11
NAID: 55311258
Docket: No. 23232, U.S. District Court, N.D. Ill., Eastern Division
Rights: A record of the U.S. District Court for the Northern District of Illinois, held by the National Archives at Chicago in Record Group 21. A United States government work, public domain in the United States under 17 U.S.C. § 105. The National Archives catalog lists access and use as unrestricted.

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.

itemThe United States of America v. Alphonse Capone: criminal case file, Nos. 22852 and 23232National Archives file unit for the 1931 federal income-tax prosecution of Alphonse Capone in the U.S. District Court at Chicago, case numbers 22852 and 23232. The catalog lists 226 item-level descriptions under it.

itemIndictment in Case Number 23232 (June 1931)The twenty-two-count income-tax indictment returned against Alphonse Capone on 5 June 1931. He was convicted on counts 1, 5, 9, 13 and 18.itemCapone v. United States, 56 F.2d 927 (7th Cir. 1932)The Seventh Circuit affirms Alphonse Capone's 1931 conviction on three felony counts of attempted income-tax evasion and two misdemeanor counts of failing to file returns. Decided 27 February 1932.