
    Strafford, )
    June 28, 1912.
    State v. Walsh.
    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.
    
      George T. Hughes, solicitor, for the state.
    
      Arthur L. Foote and Walter W. Scott, for the defendant.
   Young, J.

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.

Exception overruled.

All concurred.  