Mob FilesPublic-domain archive of American organized crime
Page 1: a typed motion in the District Court of the United States for the Northern District of Illinois, Eastern Division, United States of America v. Alphonse Capone, etc., No. 23232, headed "Motion in Arrest of Judgment."
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Motion in Arrest of Judgment (23 October 1931)

Defense motion in arrest of judgment filed after the verdict in the Capone tax case. The court heard argument and overruled it on 24 October 1931.

Date
1931-10-23
Kind
case-file
Source
National Archives Catalog
Retrieved
2026-10-11
NAID
55311698
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.

A defense motion in arrest of judgment, filed after the verdict of 17 October 1931. The catalog holds it as three page images and a PDF. Neither the catalog entry nor a page read for this archive states a case number for the item itself; the parent file carries Nos. 22852 and 23232.

The judgment of 24 October 1931 records that the court “having heard arguments of counsel and having considered said motion, overrules said motion for arrest of judgment.” On appeal, the Seventh Circuit treated the overruling of this motion together with the demurrer and found no error.

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.itemJury verdict, United States v. Alphonse Capone (17 October 1931)The signed jury verdict: not guilty on indictment 22852, guilty on counts one, five, nine, thirteen and eighteen of indictment 23232, returned before Judge Wilkerson on 17 October 1931.itemJudgment and sentence, United States v. Alphonse Capone (24 October 1931)Judgment of 24 October 1931 on counts One, Five, Nine, Thirteen and Eighteen of indictment 23232: imprisonment totaling eleven years and fines totaling $50,000, with costs of prosecution.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.