4. As to the substantial circumstances. The whole of the facts of the case necessary to make it appear judicially to the court that the indictors have gone upon sufficient pre mises, should be set forth ; hut there should be no unnecessary matter, nor any thing which on its face makes the indictment repugnant, inconsistent, or absurd. And if there is no necessary ambiguity, the court is not bound, it has been observed, to create one by read ing the indictment in the only way which will make it unintelligible. It is a clear prin ciple that the language of an indictment must be construed by the rules of pleading, and not by the common interpretation of ordi nary language ; for nothing indeed differ, more widely in construction than the same matter when viewed by the rules of pleadir4 and when construed by the language of ordi nary life. Per Erie, J., 16 Q. B. 846; 1 Ad. & E. 448 : 2 Hale, Pl. Cr. 183 ; Hawkins, Pl. Cr. b 2, c. 25, s. 57; Bacon, Abr. Indictment (G 1) Comyns, Dig. Indictment (G 3); 2 Leach, Cr Cas. 660; 2 Strange, 1226. All indictmenb ought to charge a man with a particular of fence, and not with being an offender it general: to this rule there are some excep bons, as indictments against a common bar rator, a common scold, and the keeper of t common bawdy-house: such persons may bo indicted by these general words. 1 Chitty Crim. Law, 230, and the authorities them cited. The offence 'trust not be stated in thi disjunctive, so as to leave it uncertain or what it is intended to rely as an accusation as, that the defendant erected or caused t4 be erected a nuisance. 2 Gray, Mass. 501 6 Bowl. & R. 143; 2 Strange, 900; 2 Rolle Abr. 31.
5. There are certain terms of art used, SI appropriated by the law to express the pre else idea which it entertains of the offence that no other terms, however synonymou.
they may seem, are capable of filling thi same office : such, for example, as traitor ously (q. v.), in treason ; feloniously •(q. v.) in felony ; burglariously (q. v.), in burglary maim (q. v.), in mayhem, etc.
Seventh, the conclusion of the indictrnen should conform to the provision of the consti tution of the state on the subject, where then is such provision ; as in Pennsylvania, Const art. 5, s.•11, which provides that "all prosecu tions shall. be carried on in the name and 13: the authority of the commonwealth of Penn sylvania, and conclude against the peace am dignity of the same." As to the necessit: and propriety of having several counts in at indictment, see 1 Chitty, Crim. Law, 248 COUNT; as to joinder of several offences it the same indictment, see 1 Chitty, Crim Law, 253; Archbold, Crim. Plead. 60. Seve ral defendants may, in some cases, he joined ii the same indictment. Archbold, Crim. Plead 59. When an indictment may be amended see 1 Chitty, Crim. Law, 297 ; Starkie, Crim Plead. 286; or quashed, 1 Chitty, Crim. Law 298 ; Starkie, Cairn. Plead. 331 ; Archbold Crim. Plead. 66.
After verdict in a criminal case, it will b presumed that those facts without proof () which the verdict could not have been founi were proved, though they are not distinctl, alleged in the indictment; provided it con tains terms sufficiently general to comprs hend them in reasonable intendment. 1 Den Cr. Cas. 356; 2 Carr. & K. 868 ; 1 Taylor Ey. 73. After verdict, defective averment in the second count of an indictment may b cured by reference to sufficient averments is the first count. 2 Den. Cr. Cas. 340.
See, generally, Train & H. Prec. of Jud. Archbold, Starkie, Crim. Plead.; Chitty, RUE sell, Crim. Law.