Supreme Court of South Carolina November 15, 1822 (State v. McDonald)

Mr, Justice Johnson

delivered the opinion of the court:

1st. As to the motion for a new trial.

Tne genei.d ru’e is, that it is not necessary to aver in an indictment any fact or circumstance which is not a constituent part of the r Sen co charged ; and if they are slated, the} are regarded as surplusage and need not be proved, (1 Chitty, Crim. Law, 157, 232.