To allege that the crime was committed "with force and arms " "against the peace and dignity of the state" "with a certain deadly weapon, to wit, etc.," "unlawfully, wilfully and with malice aforethought" and " in the county and state aforesaid" would all seem to be a harmless concession to the formalist and the printer were it not for the fact that the books are filled with cases of convictions set aside because the indictment lacked one or several of these magic words. The prohibition against the trial judge commenting on the facts deprives the jury of the benefit of the interpretation of the testimony by the only disinterested and presumably the best trained official at the trial. The Federal practice which permits such comment within proper limits has so demonstrated its value as to merit inclusion in a Model Code.