The pleader should not use any unnecessary words in stating the offense; but if he does do so that will not necessarily vitiate the indictment. Any words used in describing the offense which are not part of the statutory description of the crime may be treated as surplusage.52 Thus, under a statute which provides that "if any person shall unlawfully - know and abuse any female child under the age of ten years, he shall be punished by imprisonment in the state prison for life," an information charging that the accused, "with force and against her will, did ravish and carnally know" the child, instead of charging in the language of the statute, did unlawfully know and abuse, sufficiently states the offense. The words "with force and against her will" may be treated as surplusage; they are no part of the statutory description of the offense.53 But the description of the offense as a crime must not be confused with the description of property, money, premises, instrument or thing involved in a criminal transaction. Because the general rule is that descriptive averments of this character must be proved as laid. If the indictment charges the stealing of a black hat, the evidence must prove a black hat and not a hat of some other color; if of a gold coin of the denomination of one dollar, the evidence must be a gold coin of that denomination and not a silver coin.54

49 Murphy vs. People, 104 Ill., 534;

State vs. Gorham, 55 N. H., 156; State vs. O'Connell, 144 Mo., 387.

50 Smith vs. People, 115 Ill., 20;

Hale vs. State, 122 Ala., 85; Flannagan vs. People, 214 111., 170.

51 Winslow vs. State, 26 Neb., 308;

State vs. Lee, 95 Iowa, 427. 52 State vs. Shenton, 22 Minn., 311;

State vs. Hatch, 94 Me., 58;

Sutton vs. People, 145 Ill., 286; Hughes' Cr. Law, Sec.

2722.