Henderson v. State
313 Ga. App. 303
Ga. Ct. App.2011Background
- Henderson was convicted after a bench trial of child molestation (OCGA § 16-6-4 (a)) and enticing a child for indecent purposes (OCGA § 16-6-5 (a)).
- The victim, a 13-year-old male, described being offered a ride, then taken to Henderson’s home where molestation occurred.
- Henderson displayed sexual behavior in the victim’s presence, including masturbation, and offered money to engage in acts.
- The victim escaped, reported to his pastor, and provided a formal statement to police.
- The State relied on the victim’s testimony and the pastor/officer statements as substantive evidence under OCGA § 24-3-16; the court reviewed the evidence for sufficiency beyond a reasonable doubt.
- Judgment affirmed after this review of the record and acceptance of the victim’s account as sufficient to support the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | State argues the victim’s testimony, supported by corroborating statements, proves guilt beyond a reasonable doubt | Henderson contends the evidence fails to establish guilt beyond reasonable doubt | Evidence sufficient to sustain both convictions |
| Admissibility of victim statements under Child Hearsay Statute | State contends pastor and police statements are admissible as substantive evidence | Henderson challenges admissibility as improper hearsay | Statements admissible as substantive under OCGA § 24-3-16 |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (establishes sufficiency review standard: proof beyond reasonable doubt)
- Benyard v. State, 311 Ga. App. 127 (Ga. App. 2011) (conflicts in testimony; credibility determinations reside with factfinder)
- Vaughn v. State, 301 Ga. App. 391 (Ga. App. 2009) (sufficiency evidence standard; victim’s testimony can be sufficient)