Rule 27.07 - Misdemeanors or Felonies-Motion for Judgment of Acquittal(a) Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the state is not granted, the defendant may offer evidence without having reserved the right.(b) Reservation of Decision on Motion. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.(c) Motion After Discharge of Jury. If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within fifteen days after the return of the verdict or the jury is discharged. On application of the defendant made within fifteen days after the return of the verdict or the discharge of the jury and for good cause shown the court may extend the time for filing or renewing the motion for judgment of acquittal for an additional period not to exceed ten days. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.Adopted June 13, 1979, eff. 1/1/1980.Committee Note - 1980
Paragraph (a) is the same as Fed. R. Crim. P. 29(a).
Compare: Prior Rule 26.10 and Rule 72.01(a).
Paragraph (b) is new and it is the same as Fed. R. Crim. P. 29(b).
Compare: Rule 72.01(b).
Paragraph (c) is new and it is substantially the same as Fed. R. Crim. P. 29(c) except that the time limits have been changed to conform to the time for filing a motion for new trial set out in Rule 29.11.