The opinion
ON MOTION FOR REHEARING.
GRAVES, Presiding Judge.
Appellant has filed a well-considered motion for rehearing herein in which he raises for the first time the question relative to a variance between the allegation in the indictment and the proof submitted thereunder.
Appellant was convicted under the second count of the indictment in which it was alleged that he aborted a certain female by means of injecting into her womb or private parts a physical matter and substance, “a better description of which is to the Grand Jurors unknown.” This allegation is met by the state by showing that appellant aborted this woman by injecting into her womb a paste-like substance of a brown color. The appellant’s main contention herein is that it was also alleged relative to this physical matter and substance, “a better description of which is to the Grand Jurors unknown.” Not only did the state allege that such substance was unknown, but it was also proved by the foreman of the grand jury that at the time this indictment was found it did not know by what method this abortion was procured. The testimony does show that certain drugs and medicine were found in the office of the appellant prior to the time this indictment was returned, “a better description of which is to the Grand Jurors unknown.”
This matter was not objected to because of a lack of sufficient effort upon the part of the grand jurors to ascertain what such substance was composed of, nor to ascertain whether or not the application of such substance would supposedly cause a pregnant female to abort the fetus within her body. We think it is clearly shown that the grand jurors did not know at the time the indictment was found what caused the abortion or the constituent parts of this brown-colored substance which might have been used for causing the abortion. Under the circumstances, we think this case has been properly disposed of.
*356 The motion for rehearing will be overruled.