22-3419. Motion for judgment of acquittal. - Kansas Statutes

22-3419

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 34.--TRIALS AND INCIDENTS THERETO

      22-3419.   Motion for judgment of acquittal.(1) The court on motion of a defendant or on its own motion shall orderthe entry of judgment of acquittal of one or more crimes charged in thecomplaint, indictment or information after the evidence on either side isclosed if the evidence is insufficient to sustain a conviction of suchcrime or crimes. If a defendant's motion for judgment of acquittal at theclose of the evidence offered by the prosecution is not granted, thedefendant may offer evidence without having reserved the right.

      (2)   If a motion for judgment of acquittal is made at the close of allthe evidence, the court may reserve decision on the motion, submit the caseto the jury and decide the motion either before the jury returns a verdictor after it returns a verdict of guilty or is discharged without havingreturned a verdict.

      (3)   If the jury returns a verdict of guilty or is discharged withouthaving returned a verdict, a motion for judgment of acquittal may be madeor renewed within seven days after the jury is discharged or within suchfurther time as the court may fix during the seven-day period. If a verdictof guilty is returned the court may on such motion set aside the verdictand enter judgment of acquittal. It shall not be necessary to the making ofsuch a motion that a similar motion has been made prior to the submissionof the case to the jury.

      History:   L. 1970, ch. 129, § 22-3419; July 1.