Allegations in an indictment that purport to state circumstances of aggravation based on a repealed provision, where the current law provides no such circumstances of aggravation, constitute surplusage and do not require specific jury directions. The trial judge's failure to direct on such surplusage does not occasion a miscarriage of justice where the judge properly directs on the elements of the offence as currently defined. [name withheld] direction need not specifically list every inconsistency or credibility concern where those matters are plain to the jury from the evidence and the trial judge's summary of the evidence.
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