Page 1: a typed petition in the District Court of the United States of America for the Northern District of Illinois, Eastern Division, United States of America vs Alphonse Capone, etc., No. 23232, headed "Petition for Appeal" and addressed to the Honorable James H. Wilkerson. — Open the full imageJPG, 1600 × 2635 px, 0.5 MB

Petition for Appeal filed by Ahern and Fink (24 October 1931)

Petition for appeal to the Circuit Court of Appeals, filed by Capone's counsel Ahern and Fink on the day of sentencing.

Date: 1931-10-24
Kind: case-file
Source: National Archives Catalog
Retrieved: 2026-10-11
NAID: 55311744
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 petition for appeal to the Circuit Court of Appeals, filed by defense counsel Ahern and Fink on 24 October 1931, the day of the judgment. The catalog holds it as three page images and a PDF. A related “Order Allowing Appeal” (NAID 55311715) carries the same date and is not filed here.

The Seventh Circuit’s opinion on the appeal, 56 F.2d 927, names counsel for the appellant as Michael J. Ahern and Albert Fink, both of Chicago. Neither the catalog entry nor a page read for this archive states a case number for this item; the parent file carries Nos. 22852 and 23232.

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.

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.

itemMandate of the Circuit Court of Appeals (3 May 1932)Mandate of the Seventh Circuit returning the Capone tax case, Nos. 22852 and 23232, to the District Court at Chicago after the appeal was decided.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.