State v. . Fowler

For the first offense section 2 imposes a fine; for the second or further similar offense, imprisonment for a term not less than six months nor more than two years. The defendant admitted that he had previously been convicted in the Federal Court; and for this reason, according to a recital in the judgment, he was sentenced to imprisonment in the present case; but the aggravated punishment prescribed for a subsequent conviction cannot be imposed unless the prior conviction, which is an essential part of the description of the second offense, is. charged in the indictment. C. S., 4617; S. v.…