REEVES, District Judge.
In disposing of the above case a question arose whether severer penalties might be imposed for a second offense without appropriate averments of the fact in the indictment.
Subparagraph (a), Section 216, Title 29 U.S.C.A., is as follows: "Any person who willfully violates any of the provisions of section 215 shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months,...
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