Mayberry v. State

DAVIDSON, Judge.

This is a conviction for abortion, with punishment assessed at five years in the penitentiary.

The indictment alleged, in effect, the commission of an abortion upon Ruth Knight, with her consent, by administering a drug and medicine and by the use of “a certain instrument calculated to produce abortion.”

By motion to quash, appellant challenged the sufficiency of the indictment because there was no description of the “certain instrument” that was alleged to have been used, it being insisted that the indictment thereby failed to give sufficient notice of the offense charged.

There…