76 N.H. 581
84 A 42
Supreme Court of New Hampshire
Decided June 28, 1912
Supreme Court of New Hampshire · decided 1912-06-28
Indictment, for rape. The defendant excepted to a denial of his motion to quash the indictment on the ground that a witness who testified before the grand jury was incompetent. Transferred from the February term, 1912, of the superior court by Plummer, J.
Relies on State v. Fasset · Commonwealth v. Woodward
Decided 1912-06-28
¶1 It is not customary for the court to quash an indictment merely because it may have been produced by the testimony of an incompetent witness. Commonwealth v. Woodward, 157 Mass. 516; State v. Fassett, 16 Conn. 457; 17 Am. & Eng. Enc. Law 1283, note 7; 20 Cyc. 1347, note 18.
¶2 Exception overruled.
¶3 All concurred.