Baker v. State, 271 S.E.2d 360 (Ga. 1980). · Go Syfert
Baker v. State, 271 S.E.2d 360 (Ga. 1980). Cases Citing This Book View Copy Cite
150 citation events (39 in the last 25 years) across 3 distinct courts.
Strongest positive: Dunagan v. State (ga, 2008-05-19)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
cited Cited as authority (rule) Dunagan v. State
Ga. · 2008 · confidence medium
Baker v. State, 246 Ga. 317, 319 (2) ( 271 SE2d 360 ) (1980); Howell v. State, 278 Ga. App. 634, 638-639 (3) ( 629 SE2d 398 ) (2006).
discussed Cited as authority (rule) Jackson v. Heard
Ga. Ct. App. · 2003 · confidence medium
Indeed, “Georgia law favors the admission of any relevant evidence, no matter how slight its probative value may be, and, on the balance, evidence of even doubtful relevance should lie admitted.” Wolf Camera, supra, 253 Ga. App. at 261 (4), citing Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
discussed Cited as authority (rule) Hopkins v. State
Ga. Ct. App. · 2002 · confidence medium
Pope, P. J., and Barnes, J., concur. 1 See Williams v. State, 248 Ga. App. 316 ( 546 SE2d 74 ) (2001). 2 OCGA § 16-5-24 (a). 3 (Punctuation omitted.) Williams, supra at 318 (1), citing Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980); see also Keef v. State, 220 Ga. App. 134,137 (1) (a) ( 469 SE2d 318 ) (1996). 4 (Punctuation omitted.) Williams, supra. 5 Id. at 318-319 (1); see also OCGA § 16-5-23.1 (b) (defining “visible bodily harm” under the battery statute as “bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to…
cited Cited as authority (rule) Wolf Camera, Inc. v. Royter
Ga. Ct. App. · 2002 · confidence medium
Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Pecina v. State
Ga. · 2001 · confidence medium
But in Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980), this Court found virtually identical language to be constitutional.
discussed Cited as authority (rule) Williams v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2001 · confidence medium
Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980).” (Punctuation omitted.) In the Interest of H.
examined Cited as authority (rule) Williams v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2001 · confidence medium
Baker v. State, 246 Ga. 317, 318 (2), 271 S.E.2d 360 (1980)." (Punctuation omitted.) In the Interest of H.
discussed Cited as authority (rule) Hudson v. State (2×)
Ga. · 2000 · confidence medium
Baker v. State, 246 Ga. 317, 319 (3), 271 S.E.2d 360 (1980).
examined Cited as authority (rule) Ganas v. State (3×) also: Cited "see"
Ga. Ct. App. · 2000 · confidence medium
An order of nolle prosequi was entered on a second count charging Ganas with aggravated stalking. 2 See Anderson v. State, 262 Ga. 26 (1), (2) ( 413 SE2d 732 ) (1992). 3 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980). 5 In the Interest of H.
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J., and Smith, J., concur. 1 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Ringo v. State, 236 Ga. App. 38, 39 ( 510 SE2d 893 ) (1999). 3 OCGA § 16-5-24 (a). 4 See Griffin v. State, 170 Ga. App. 287 (10) ( 316 SE2d 797 ) (1984) (brain injury resulting from forceful blows to the head is sufficient). 5 Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980). 6 In the Interest of H.
discussed Cited as authority (rule) Knapp v. State
Ga. Ct. App. · 1997 · confidence medium
This rule “ ‘favors the admission of any relevant evidence, no matter how slight its probative value,’ [cits.], and evidence is relevant if it renders the desired inference more probable than it would be without the evidence. [Cits.]” Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
discussed Cited as authority (rule) Keef v. State
Ga. Ct. App. · 1996 · confidence medium
Secondly, defendant contends the State failed to prove the injuries to Janice Crawford and Laura Carpenter resulted from his driving under the influence of alcohol or drugs, arguing the State failed to prove a violation of OCGA § 40-6-391. *137 (a) “Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 …
cited Cited as authority (rule) Lewis v. State
Ga. Ct. App. · 1994 · confidence medium
S., 199 Ga. App. 481 ( 405 SE2d 323 ) (1991), citing Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Eyo v. State
Ga. Ct. App. · 1993 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ); Flowers v. State, 191 Ga. App. 396, 398 ( 381 SE2d 768 ).” Norton v. State, 195 Ga. App. 737, 738 ( 395 SE2d 34 ).
discussed Cited as authority (rule) In the Interest of H. S.
Ga. Ct. App. · 1991 · confidence medium
“Black’s Law Dictionary defines ‘disfigurement’ as ‘that which impairs or injures . . . the appearance of a person . . .,’ and defines ‘serious’ as ‘grave, (or) great.’ ” Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Scroggins v. State
Ga. Ct. App. · 1990 · confidence medium
As to relevance of evidence in questionable cases, see Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
discussed Cited as authority (rule) Menendez v. Jewett
Ga. Ct. App. · 1990 · confidence medium
“It has long been the rule in this State that where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. [Cits.]” Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 SE2d 784 ) (1956b “ ‘The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.’ [Cit.] However, ‘The Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,’ Agnor’s Georgia Evidence, § 10-2, p. 165; . . . and evidence is relevant if it renders the desired …
cited Cited as authority (rule) Norton v. State
Ga. Ct. App. · 1990 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ); Flowers v. State, 191 Ga. App. 396, 398 ( 381 SE2d 768 ).
cited Cited as authority (rule) Elrod v. State
Ga. Ct. App. · 1990 · confidence medium
Lewis v. State, 158 Ga. App. 586, 587 (1) ( 281 SE2d 331 ) (1981); Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
discussed Cited as authority (rule) Weddington v. State
Ga. Ct. App. · 1989 · confidence medium
The admission into evidence of a gun found in appellant’s room is enumerated as error. “ ‘The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.’ [Cit.] . . . ‘The Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,’ [cits.] and evidence is relevant if it renders the desired inference more probable than it would be without the evidence. [Cit.]” Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980). *740 With regard to the three armed robbery counts, appellant’s possession of …
cited Cited as authority (rule) Leverette v. State
Ga. Ct. App. · 1988 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).’ Whisnant v. State, 178 Ga. App. 742, 743 ( 344 SE2d 536 ).
discussed Cited as authority (rule) Carter v. State
Ga. Ct. App. · 1988 · confidence medium
The appellant maintains that the trial court erred in allowing the state to introduce into evidence, over his objection, several cigarette cartons found in his brother’s van at the time of their shoplifting arrests. “[E]vidence is relevant if it renders the desired inference more probable than it would be without the evidence.” Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
discussed Cited as authority (rule) Anderson v. State
Ga. · 1988 · confidence medium
“The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.” [Cit.] However, “The Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,” [cit.], and evidence is relevant if it renders the desired inference more probable than it would be without the evidence. [Cit.] Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Masters v. State
Ga. Ct. App. · 1988 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
discussed Cited as authority (rule) Hanvey v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 )." Whisnant v. State, 178 Ga. App. 742, 743 ( 344 SE2d 536 ).
discussed Cited as authority (rule) Worth v. State
Ga. Ct. App. · 1987 · confidence medium
Curtis v. State, 102 Ga. App. 790, 795 (4) ( 118 SE2d 264 ) (1960); LaPann v. State, 167 Ga. App. 288, 290 (3) ( 306 SE2d 373 ) (1983). “[E]vidence is relevant if it renders the desired inference more probable than it would be without the evi *70 dence.” Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Haynes v. State
Ga. Ct. App. · 1986 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
discussed Cited as authority (rule) Catchings v. State
Ga. · 1986 · confidence medium
It was this tape recording, which was admitted in evidence at trial. “[E]vidence is relevant if it renders the desired inference more probable than it would be without the evidence.” Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) Whisnant v. State
Ga. Ct. App. · 1986 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ); Agnor’s Ga. Evid. 165, § 10-2.
discussed Cited as authority (rule) King v. State
Ga. Ct. App. · 1986 · confidence medium
Appellant argues that use by the State of testimony that Wingo’s nephew testified against Ms. Partridge in her 1981 trial and introduction of a certified copy of her conviction to establish the theory that appellant sought revenge against Wingo was not permissible under the relevancy requirements of OCGA § 24-2-1. “ ‘The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.’ [Cit.] However, ‘[t]he Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,’ [cits.], and evidence is relevant i…
cited Cited as authority (rule) Tyler v. State
Ga. Ct. App. · 1985 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
discussed Cited as authority (rule) Scott Housing Systems, Inc. v. Hickox (2×)
Ga. Ct. App. · 1985 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
discussed Cited as authority (rule) Williams v. State (2×)
Ga. Ct. App. · 1984 · confidence medium
Owens v. State, 248 Ga. 629, 630 ( 284 SE2d 408 ); Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ). 5.
discussed Cited as authority (rule) Southern Bell Telephone & Telegraph Co. v. Coastal Transmission Service, Inc. (2×)
Ga. Ct. App. · 1983 · confidence medium
Appellant contends that the pamphlet, the photographs, and the showing of the commercial should have been excluded as irrelevant. “ ‘The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.’ [Cit.] However, ‘The Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,’ Agnor’s Georgia Evidence, § 10-2, p. 165____” Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980).
cited Cited as authority (rule) LaPann v. State
Ga. Ct. App. · 1983 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ), Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 160 ( 256 SE2d 916 ).
cited Cited as authority (rule) Ponder v. Ponder
Ga. · 1983 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980); Ga. Savings Bank &c.
cited Cited as authority (rule) Wireman v. State
Ga. Ct. App. · 1982 · confidence medium
Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ).
examined Cited "see" Byers v. State (6×) also: Cited "see, e.g."
Ga. · 2021 · signal: see · confidence high
See Baker, 246 Ga. at 318 (2) (aggravated battery statute’s prohibition against maliciously causing bodily harm to another by serious disfigurement gave defendant due notice that his acts were prohibited where evidence showed that he broke victim’s nose and caused extensive bruising and deep lacerations to victim’s face and head, with arterial bleeding flowing from one laceration).
discussed Cited "see" Bray v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980); In the Interest of H.
discussed Cited "see" Braley v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Baker v. State, 246 Ga. 317, 318 (2) ( 271 SE2d 360 ) (1980) (citing United States v. Mazurie, 419 U. S. 544, 550 (95 SC 710, 42 LE2d 706) (1974)).
discussed Cited "see" Brannan v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Baker v. State, 246 Ga. 317 (3) ( 271 SE2d 360 ) (1980) (the admission of evidence is a matter which rests largely within the trial court’s discretion).
examined Cited "see" Dodd v. Scott (5×)
Ga. Ct. App. · 2001 · signal: see · confidence high
Notably, all the cases cited in this opinion concerning implied trusts, which are equitable instruments, and concerning the evidence needed to show same, emanate from the Supreme Court of Georgia. 2 Ga. L. 1991, p. 810, § 1; see OCGA § 53-12-1 et seq. 3 OCGA § 53-12-3. 4 OCGA § 53-12-90. 5 OCGA § 53-12-91. 6 Burt v. Skrzyniarz, 272 Ga. 35, 37 (2) ( 526 SE2d 848 ) (2000); see OCGA § 53-12-92 (a). 7 Edwards v. Edwards, 267 Ga. 780, 781 (1) ( 482 SE2d 701 ) (1997); see Eason v. Farmer, 261 Ga. 675, 676 (1) ( 409 SE2d 509 ) (1991). 8 Edwards, supra, 267 Ga. at 781 (1). 9 Id. at 781 (2). 10 I…
discussed Cited "see" Foster v. State (2×)
Ga. · 2000 · signal: see · confidence high
See generally Baker v. State, 246 Ga. 317 (3) ( 271 SE2d 360 ) (1980). 8.
examined Cited "see" Kidwell v. State (4×)
Ga. · 1994 · signal: see · confidence high
See Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980) (evidence is relevant if it renders the desired inference more probable than it would be without the evidence).
discussed Cited "see" Schecter v. Strickland (2×)
Ga. Ct. App. · 1988 · signal: accord · confidence high
Accord Baker v. State, 246 Ga. 317 (3) ( 271 SE2d 360 ) (1980); Kelly v. Floor Bazaar, 153 Ga. App. 163 ( 264 SE2d 697 ) (1980).
discussed Cited "see, e.g." Bruce Davis v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
It is well established that Georgia law “favors the admission of any relevant evidence, no matter how slight its probative value, and even evidence of questionable or doubtful relevancy or competency should be admitted and its weight left to the jurors.”29 But the purpose of the parol-evidence rule is “to bring finality to an agreement, except when ambiguity requires that the language of the contract be explained but not varied.”30 Essentially, in contrast to our State’s normally lenient case law defining what constitutes relevant evidence, under the parol-evidence rule, except in ce…
discussed Cited "see, e.g." Davis v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
Granger v. State, 320 Ga. App. 580, 585 (3) ( 740 SE2d 313 ) (2013) (punctuation omitted); see also Baker v. State, 246 Ga. 317, 319 ( 271 SE2d 360 ) (1980) (same).
discussed Cited "see, e.g." Lockette v. State (2×)
Ga. Ct. App. · 1987 · signal: see also · confidence medium
See also Baker v. State, 246 Ga. 317, 319 (3) ( 271 SE2d 360 ).
Retrieving the full opinion text from the archive…
Baker
v.
the State
36477.
Supreme Court of Georgia.
Sep 9, 1980.
271 S.E.2d 360
Marson G. Dunaway, Jr., for appellant., William A. Foster, III, District Attorney, Daniel J. Sammons, Assistant District Attorney, for appellee.
Jordan.
Cited by 67 opinions  |  Published
Jordan, Presiding Justice.

John Baker was convicted in Polk County for aggravated battery and sentenced to twelve years. Baker filed a motion for new trial which the trial court overruled and Baker appeals. We reverse.

1. Baker argues that his aggravated battery conviction cannot stand because the prohibition in Code Ann. § 26-1305 against maliciously causing bodily harm to another “by seriously disfiguring his body” is so vague as to violate the due process clause of the 14th Amendment to the U. S. Constitution.

The state contends that this enumeration of error cannot be considered on the ground that said enumeration was raised for the first time in Baker’s motion for new trial, and moves that the case be transferred to the Court of Appeals.

While this court has held that “[a] question as to the con[*318] stitutionality of a law can not be raised for the first time in a motion for a new trial” Stone v. State, 202 Ga. 203, 204 (42 SE2d 727) (1947), we have more recently noted that a defendant cannot waive his right to litigate, by writ of habeas corpus, the constitutionality of a statute under which he has been convicted, and that, therefore, in order to avoid future habeas corpus litigation, we will adjudicate untimely challenges to a statute’s constitutionality on direct appeal. Barnes v. State, 244 Ga. 302, 303 (260 SE2d 40) (1979). The state’s motion to transfer is denied.

2. “It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand.” United States v. Mazurie, 419 U. S. 544, 550 (95 SC 710, 42 LE2d 706) (1974).

Thus, the issue before this court is whether Code Ann. § 26-1305’s prohibition against maliciously causing bodily harm to another “by seriously disfiguring his body” gave Baker due notice that it prohibited the acts for which he has been convicted. See Jordan v. De George, 341 U. S. 223, 230 (71 SC 703, 95 LE 886), (1950).

Black’s Law Dictionary defines “disfigurement” as “that which impairs or injures .. . the appearance of a person ... ,” and defines “serious” as “grave, [or] great.”

There is evidence in this record that Baker hit his mother-in-law, Madge Godfrey, breaking her nose “all to pieces”; that he hit her “repeatedly”; that the results of his beating were “severe, extensive bruises throughout the face and eyes, and forehead” with “deep lacerations” at the bridge of her nose, her right brow, and her left temple, with “arterial bleeding” flowing from the final laceration; and, that the totality of the injuries required approximately twenty-five stitches.

We hold that the prohibition against maliciously causing bodily harm to another “by seriously disfiguring his body” gave Baker due notice that it prohibited the acts for which he has been convicted.

3. At trial, Baker advanced two exculpatory theories: first, that Mrs. Godfrey had physically attacked his wife (who is also Mrs. Godfrey’s daughter) during a discussion regarding custody of his wife’s son, that his wife had kicked Mrs. Godfrey in the face during the altercation, thereby causing the deep laceration in, and arterial bleeding from, Mrs. Godfrey’s left temple, and that the other injuries sustained by Mrs. Godfrey were the result of Baker’s exercise of reasonable (and therefore justified) force to protect the physical safety of his wife; second, that even if the other injuries sustained by Mrs. Godfrey were the result of Baker’s exercise of unreasonable force, said injuries did not constitute “serious disfigurement” and thus warranted a conviction for the crime of simple battery only.

[*319] These exculpatory theories advanced by Baker raised two material issues of fact: (1) did Mrs. Godfrey attack Baker’s wife and (2) did Baker’s wife kick Mrs. Godfrey in the head, thereby causing the deep laceration in the latter’s left temple?

As probative of Mrs. Godfrey’s motive for attacking his wife, Baker attempted to elicit testimony from Mrs. Godfrey concerning the reason for the transfer of legal custody of his wife’s child from his wife to Mrs. Godfrey, and the number of transfers of the child’s physical custody between the two. For the same reason, Baker also attempted to elicit Mrs. Godfrey’s testimony that her sole source of income was a government check paid to her as legal custodian of the child.

As probative that Mrs. Godfrey in fact did physically attack his wife, Baker attempted to elicit testimony from Mrs. Godfrey concerning an “attack” by Mrs. Godfrey on his wife during a custody hearing in court. The trial court ruled all four items of evidence irrelevant and Baker excepts.

“The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.” Alexander v. State, 239 Ga. 108, 110 (236 SE2d 83) (1977). However, “The Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value,” Agnor’s Georgia Evidence, § 10-2, p. 165; quoted in Sprouse v. State, 242 Ga. 831, 833 (252 SE2d 173) (1979), and evidence is relevant if it renders the desired inference more probable than it would be without the evidence. Patterson v. State, 233 Ga. 724, 725 (213 SE2d 612) (1975).

We do not find the trial court’s exclusion of the first three items of evidence an abuse of discretion. However, the evidence that Mrs. Godfrey had “attacked” her daughter during a custody hearing in a courtroom undeniably rendered more probable Mrs. Godfrey’s alleged attack on her daughter on the occasion of Baker’s alleged aggravated battery.

Thus, we hold that the trial court abused its discretion in ruling this fourth item of testimony irrelevant.

As probative that his wife’s kick caused the deep laceration in Mrs. Godfrey’s left temple, Baker attempted to build on a statement by Mrs. Godfrey’s attending physician that “It is rare to see a blow with a fist... produce a deep enough cut to cause arterial bleeding at the temple” with the following hypothetical question: “Based on your medical training and experience as a physician, and your study of the body, and the use of various parts of the body, do you have an opinion as to whether a person could exert at least as much, and maybe more force by kicking another person as they could by blow of the fist?”

[*320] Argued July 14, 1980 Decided September 9, 1980. Marson G. Dunaway, Jr., for appellant. William A. Foster, III, District Attorney, Daniel J. Sammons, Assistant District Attorney, for appellee.

The trial court ruled that the hypothetical question was improper because “there was no evidence in this, case about a kick.”

Earlier in the trial, however, Mrs. Godfrey had testified that “[my daughter] kicked the fire out of me.” Further, the daughter herself testified no less than three times that “I kicked her [Mrs. Godfrey] in the face.”

The testimony by Baker’s wife and Mrs. Godfrey, that thp former did indeed kick the latter, is credible evidence of that fact. Accordingly, we hold that there was sufficient evidence to sustain the excluded hypothetical question and the trial court erred in ruling otherwise.

Baker was convicted of “seriously disfiguring the body” of Mrs. Godfrey. Evidence that Mrs. Godfrey had previously “attacked” Baker’s wife during a custody hearing in court and evidence that a major part of the harm done to Mrs. Godfrey was the result, not of Baker’s fist, but of the foot of his wife, was relevant to the issues raised by Baker’s exculpatory theories. Accordingly, we cannot say that it is highly probable that these errors did not contribute to the jury’s verdict. Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976).

4. Given our holding in Division 3 of this opinion, we need not consider Baker’s additional enumerations of error.

Judgment reversed.

All the Justices concur.