Baker v. State

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…