to quash

TO QUASH, practice. To overthrow or annul.
     2. When proceedings are clearly irregular and void the courts will 
quash them, both in civil and criminal cases: for example, when the array is 
clearly irregular, as if the jurors have been selected by persons not 
authorized by law, it will be quashed. 3 Bouv. Inst. n. 3342. 
     3. In criminal cases, when an indictment is so defective that no 
judgment can be given upon it, should the defendant be convicted, the court, 
upon application, will in general quash it; as if it have no jurisdiction of 
the offence charged, or when the matter charged is not indictable. 1 Burr. 
516, 548; Andr. 226. When the application to quash is made on the part of 
the defendant, the court generally refuses to quash the indictment when it 
appears some enormous crime has been committed. Com. Dig. Indictment, H; 
Wils. 325; 1 Salk. 372; 3 T. R. 621; 6 Mod. 42; 3 Burr. 1841; 5 Mod. 13; 
Bac. Abr. Indictment, K. When the application is made on the part of the 
prosecution, the indictment will be quashed whenever it is defective so that 
the defendant cannot be convicted, and the prosecution appears to be bona 
fide. If the prosecution be instituted by the attorney general, he may, in 
some states, enter a nolle prosequi, which has the same effect. 1 Dougl. 
239, 240. The application should be made before plea pleaded; Leach, 11; 4 
St. Tr. 232; 1 Hale, 35; Fost. 231; and before the defendant's recognizance 
has been forfeited. 1 Salk. 380. Vide Cassetur Breve.