State v. Walsh
| Decision Date | 28 June 1912 |
| Citation | 76 N.H. 581,84 A. 42 |
| Parties | STATE v. WALSH. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Strafford County; Plummer, Judge.
James W. Walsh was indicted for rape. To the denial of a motion to quash the indictment, defendant excepted, on the ground that a witness before the grand jury was incompetent. Transferred from superior court. Exceptions overruled.
George T. Hughes, of Dover, for the State.
Arthur L. Foote and Walter W. Scott, both of Dover, for defendant.
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, 32 N. E. 939, 34 Am. St. Rep. 302; State v. Fassett, 16 Conn. 457: 17 Am. & Eng. Enc. Law, 1283, note 7; 20 Cyc. 1347, note 18.
Exception overruled. All concurred.
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State v. Blake
...86 S.Ct. 1416, 1419 n. 3, 16 L.Ed.2d 510, 514 n. 3 (1966). Nor would the use of the testimony of an incompetent witness. State v. Walsh, 76 N.H. 581, 84 A. 42 (1912). Under the common law, the workings of grand juries were not hampered by evidentiary rules. Costello v. United States supra. ......
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State v. Fox
...can not be quashed for lack of competent or sufficient testimony. 36 Iowa 272; 39 S.W. 365; 48 So. 819; 60 Id. 379; 60 S.E. 283; 88 P. 867; 84 A. 42; 148 S.W. 567; 23 So. 486, 505; 62 N.Y.S. 224; Cyc. 422; 145 F. 745; 156 Id. 897; 186 Id. 1002-1018; 199 Id. 25, 831; 38 Am. Rep. 460; 82 Ark.......
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Opinion of the Justices
...Since not every irregularity impedes justice or is fatal to the proper administration of the functions of grand juries, State v. Walsh, 76 N.H. 581, 84 A. 42, and since the specific correction thereof is usually a matter for the presiding justice, State v. Canatella, 96 N.H. ----, 72 A.2d 5......
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State v. Lambertino
...the quality of proof presented to the grand jury. The contrary seems to be the rule. Pick v. State, 143 Md. 192, 121 A. 918; State v. Walsh, 76 N. H. 581, 84 A. 42. It should be noted that the objections to the indictment were not timely. They were presented after the plea was entered, and ......