An indictment for treason shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one:
That A……………., being a person owing allegiance to the State of West Virginia, on the ………… day of …………, nineteen …………………, in the said county of ………….. did then and there, in violation of his said duty of allegiance, maliciously and traitorously counsel and abet, and combine, confederate and agree together with B…………… and C…………… (and any other persons) (or all such persons, if known, may be made joint defendants and jointly indicted), and divers other persons to the number of ……………… (or to a number unknown), whose names are to the jurors unknown, all of whom, both said known and unknown persons, were then and there owing allegiance to the State of West Virginia, did then and there maliciously and traitorously (here state the acts or treason, such as gathering together men for war, collecting munitions, counseling the same, giving aid and comfort to the enemy of the state, etc.), and the said A…………… (or together with B…………… and C……………, etc., as the case may be) did then and there maliciously and traitorously, and contrary to his said duty of allegiance to the State of West Virginia, (here set out the act done, such as command or lead the army, etc., according to the facts of the case), against the peace and dignity of the state.