With Boardwalk Empire's seven year jump into 1931 this season, fans of the HBO series have been wondering which storylines will follow history and which will forge new paths of their own.

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One character living out is real-life fate will be the infamous Chicago-based gangster Al Capone (Stephen Graham). Introduced during the drama's pilot back in 2010, Capone will find himself in court this fall for his legendary trial.

According to the NY Daily News on Friday still have come in showing the program filming scenes with Capone outside a courthouse, smiling with a cigar between his lips as he stands talking in a striking white suit and hat, surrounded by reporters.

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Supposedly this image comes from the final episode of this season, which will also be the final episode of the series. Will the program end during the trial? Or will the series opt to show Capone behind bars? The gangster is one of the show's few real-life criminals to end up in jail, Arnold Rothstein (Michael Stuhlbarg) having been murdered a few years before and Lucky Luciano (Vincent Piazza) eventually kicked out of the country by the United States government.

Nucky Johnson, the real life counterpart to the drama's lead Nucky Thompson (Steve Buscemi) lost his empire and died quietly from natural causes years later.

Boardwalk Empire returns to HBO for a fifth and final season Sunday, September 7 at 9 p.m. ET/PT.