Section 6-104 - Motion for judgment of acquittal on ground of insufficient evidence. - Maryland Statutes

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

(a)  Motion after State's evidence.-  

(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(3) If the defendant offers evidence after making a motion for judgment of acquittal, the motion is deemed withdrawn. 

(b)  Motion after all evidence.-  

(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. 
 

[An. Code 1957, art. 27, § 593; 2001, ch. 10, § 2; ch. 35.]