Quash
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
* To make void or abate;5 to ov^erthrow, annul.* A plea in abatement prays that the writ or declaration be quashed — cassetur breve.^ The ground for exercising the summary power of quashing writs is to clear the record of irregular, void, or defective proceedings." When- an indictment is so defective that a valid judgment cannot be given upon it, should the accused be convicted, the court, upon application, may quash it; or the accused may assign the defect as ground for an arrest of judgment.*^ Not being a matter of right, but of privilege, the motion vrill not be received when presented at an un- > Morgan v. Louisiana, 118 XI. S. 455, 466 (1886), Miller, J. ' [Bell V. Wilson, L.,E., 1 Ch. Ap. Cas. 'SOS (1866), Turner, L. J. ' See Bainbridge, Mines, 3. < P. quasser, to break: L. quassare, to shatter. 5 [3 B). Com. 303. ' Crawford v. Stewart, 38 Pa. 36 (1860); United States reasonable time, as, after issue joined on a plea of not guilty. I