Mayberry v. State

ON MOTION FOR, REHEARING

MORRISON, Judge.

We overrule the appellant’s contention that it was incumbent upon the state to prove the kind and character of drugs or medicine that were inserted into the womb of the prosecutrix. In Welch v. State, 159 Texas Cr. Rep. 352, 264 S.W. 2d 100, we discussed the inability of the grand jury to ascertain the chemical components of the fluid used to bring about the abortion. In our original opinion we pointed out that the appellant made no complaint as to the sufficiency of that portion of the indictment which charged the use of drugs and medicine.

The seeming…