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§ 6-104. Motion for judgment of acquittal on ground of insufficient evidence

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 6. Trial and Sentencing (Refs & Annos)
Subtitle 1. Trial (Refs & Annos)
MD Code, Criminal Procedure, § 6-104
§ 6-104. Motion for judgment of acquittal on ground of insufficient evidence
Currentness
Motions made at close of evidence for the State
(a)(1) At the close of the evidence for the State, a defendant may move for judgment of acquittal on one or more counts or on one or more degrees of a crime, on the ground that the evidence is insufficient in law to sustain a conviction as to the count or degree.
(2) Subject to paragraph (3) of this subsection, if the court denies the motion for judgment of acquittal, the defendant may offer evidence on the defendant's behalf without having reserved the right to do so.
(3) If the defendant offers evidence after making a motion for judgment of acquittal, the motion is deemed withdrawn.
Motions made at close of all evidence
(b)(1) The defendant may move for judgment of acquittal at the close of all the evidence whether or not a motion for judgment of acquittal was made at the close of the evidence for the State.
(2) If the court denies the motion for judgment of acquittal, the defendant may have review of the ruling on appeal.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001.
Formerly Art. 27, § 593.
MD Code, Criminal Procedure, § 6-104, MD CRIM PROC § 6-104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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