Michael Morrell was charged by accusation with simple battery for grabbing one of his minor daughters around the neck and with battery for punching another minor daughter in the eye. He was tried before a jury, which found him guilty of both offenses. The trial judge imposed consecutive twelve month sentences for each conviction, ordering Morrell to serve six months in confinement followed by probation. Morrell appeals from his convictions, challenging the admission of similar transaction evidence and the jury charge concerning the purpose of that evidence. The challenges are without merit, and we therefore affirm the convictions. Construed in the light most favorable to the verdict, the evidence presented at trial shows that Michael and Faye Morrell were married for nine years and divorced in 1997 or 1998. They have four children, all of whom lived with their mother after the divorce. At the time of trial, on October 23, 2001, the eldest children, twin daughters, were 16 years old; the only son was 13; and another daughter was 10.
On November 19, 2000, at about 8 o’clock in the evening, Morrell came to his ex-wife’s home and asked to be let in to see his children. Faye Morrell agreed to let him in the house. A verbal altercation ensued and led to Morrell grabbing one of his elder daughters around the neck. He squeezed the girl’s neck and pushed her down into a chair. The other children then intervened and tried to get Morrell away from his daughter. During the altercation, Morrell flung his son across a table and punched his youngest daughter in the eye, causing it to swell. Morrell was about to hit the daughter he had been choking when Faye Morrell picked up a baseball bat and hit him with it twice. She then ran across the street and called the police.
