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 March 2, 1831 (4 Stat. 448). See 1 Hale, P. C. 324, 685, 686; 1 Hawk. P. C. c. 70, § 25; 3 Inst. 46, 172; 1 Chit. Cr. Pl. 459, 460; 2 East, P. C. 919.