People v. Davis

Kersten, J.:

At the last February term, the defendants were indicted on the charge of manslaughter. A motion to quash the indictment having been made and fully argued, it is now the duty of the court to pass upon the sufficiency of the indictment.

It seems that at common law, the motion to quash was considered addressed to the sound discretion of the court. 1 Bish. Crim. Proc. (3rd. ed.), § 763; 1 Chitty, Crim. Law. 299; Archbold, Crim. Pleadings & Practice, p. 35; 2 Hawk. P. C., chap. 25, see. 146; State v. Wilson, 43 N. H. 415, 82 Am. Dec. 263; 10 Ency. of Pleading & Practice, 567; Ex parte…