Henderson v. the State

ELLINGTON, Presiding Judge.

A Floyd County jury found Jimmy Henderson guilty of sexual battery, OCGA § 16-6-22.1 (b); and aggravated child molestation, OCGA § 16-6-4 (c). He appeals from the denial of his motion for a new trial, contending that the trial court gave two jury instructions that constitute plain error warranting a new trial. For the following reasons, we affirm in part and reverse in part.

Viewed in the light most favorable to the jury’s verdict,1 the facts relevant to the instant claims of error are as follows. The 11-year-old victim, A. S., stayed with Henderson for two weeks…