1. Criminal Law (§ 280*) — Plea in Abatement— Sufficiency.

■ A plea in abatement to an indictment that books containing incriminating evidence were wrongfully produced before the grand jury was bad where it showed that the books belonged to corporations of which accused was president, and not to him individually.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 648; Dec.Dig. § 280.*]

2. Criminal Law (§ 280*) — Pleas in Abatement — Construction.

Pleas in abatement are to be strictly construed.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 645; Dee. Dig. § 280.*]

3. Criminal Law (§ 280*) — Pleas in Abatement — Sufficiency.

A plea in abatement to an indictment that accused’s private books and papers were wrongfully produced before the grand jury is 'insufficient where it fails to show that there was no other evidence before the grand jury upon which the indictment was found, but, on the contrary, shows that there was other evidence.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 648; Dec. Dig. § 280.*]

4. Indictment and Information (§ 10*) — Plea in Abatement — Grounds— Evidence Before Grand Jury.

That competent evidence upon which an indictment was founded, consisting of books and documents, were unlawfully seized and produced ' before the grand jury, is no ground for abating the indictment.

[Ed. Note. — For other cases, see Indictment and Information, Cent. Dig. § 54; Dec. Dig. § 10.*]

5. Indictment and Information (§ 10*) — Evidence Before ' Grand Jury— Self-Incriminating- Evidence.

An indictment -for using the mails to defraud purchasers of town lots by misrepresenting facts affecting their value was not subject to be quashed because private books belonging to accused were wrongfully produced before the grand jury, if the books contained no incriminating evidence.

[Ed. Note. — For other cases, see Indictment and Information, Cent. ■ Dig. § 54; Dec. Dig. § 10.*]

6. Indictment and Information (§ 140*) — Motion to Quash — Judicial Discretion.

, A motion to quash an Indictment is ordinarily addressed to the trial court’s sound discretion.

,LEd. Note. — For other cases, see Indictment and Information, Cent. Dig. § 474; Dec. Dig. § 140.*]

7. Criminal Law (§ 959*) — New Trial — Refusal to Hear Oral Evidence-Judicial Discretion.

Whether to hear oral evidence on motion for a new trial lies.within the trial court’s sound discretion.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2406; Dec. Dig. f 959.*]

8.-Criminal Law (§ 959*) — New Trial — Refusal to Receive Affidavits— Judicial Discretion.

It was not an abuse of discretion to refuse to receive cumulative affidavits offered in support of motion for a new trial, after the motion had 1 been (alien under advisement, and the trial court was ready to announce his 'decision.

[Ed. Note. — For other cases, see Criminal Haw, Cent. Dig. § 2406; Dec. Dig. § 959. *J