United States v. Thompson

was of opinion that; this was not a sufficient averment to justify the Court in sentencing the prisoner to the penitentiary, as for a second offence, under the 13th section of the Act of the 2d of March, 1831, [4 Stat. at Large, 448.]

See 1 Hale, H. P. C. 324, 685, 686; 1 Hawk. c. 70, § 25; 3 Inst. 46, 172; 1 Chitty, Cr. Pl. 459, 460; 2 East, Cr. L. 919.