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Henderson v. State

The State proved the defendant's knowledge of the ages of the children depicted performing sexual acts on DVDs and computer movie files that the defendant possessed, through the admission of portions of the DVDs and movie files that depicted small children, who were clearly prepubescent.

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Following a jury trial, Charles Ralph Henderson was convicted on four counts of sexual exploitation of children in violation of OCGA § 16-12-100 b 8. The trial court denied Henderson’s subsequent motion for new trial, and he appeals, alleging that 1 the State failed to prove beyond a reasonable doubt his knowledge of the ages of the children depicted in the materials; 2 the failure to list the ages of the children in the indictment constitutes a non-amendable defect; 3 the trial court erred by denying his motion to suppress; 4 the trial court erred by improperly commenting on the evidence; 5 the trial court erred by empaneling a juror that Henderson lawfully struck; 6 trial counsel was ineffective 7 the trial court erred by admitting similar transaction evidence; and 8 the trial court erred by failing to instruct the jury on his sole defense of accident. We affirm, for the reasons that follow.1

“On appeal from a criminal conviction, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility, and the evidence is viewed in the light most favorable to support the verdict, with the defendant no longer benefitting from a presumption of innocence.”2

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