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

(2) 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.

(3) 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 seven days after the jury is discharged or within such further time as the court may fix during the seven-day period. If a verdict of guilty is returned the court may on such motion set aside the verdict and 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.

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

Law Review and Bar Journal References:

"Review Proceedings," K.L.R., Criminal Procedure Edition, 37 (1989).

Survey of Recent Cases, 45 K.L.R. 1396 (1997).

Criminal Procedure Edition, 47 K.L.R. 937 (1999).

"Criminal Procedure Survey of Cases," 48 K.L.R. 895 (2000).

"Criminal Procedure Survey of Recent Cases," 49 K.L.R. 937 (2001).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 758 (2003).

CASE ANNOTATIONS

1. Error to argue motion for discharge in presence of jury. State v. Rambo, 208 Kan. 929, 931, 932, 495 P.2d 101.

2. Order granting motion for acquittal is final and not appealable by the state; double jeopardy bars further proceedings. State v. Gustin, 212 Kan. 475, 476, 477, 478, 510 P.2d 1290.

3. Applied; prosecution for aggravated assault and possession of firearm; motion for acquittal not sustained. State v. Rasler, 216 Kan. 582, 583, 533 P.2d 1262.

4. Denial of judgment for acquittal; conviction of aggravated battery affirmed. State v. Thomas, 220 Kan. 104, 107, 551 P.2d 873.

5. Tests to be applied in reviewing denial of motion for acquittal stated. State v. Colbert, 221 Kan. 203, 209, 557 P.2d 1235.

6. Applied; conviction of conspiracy to commit arson; information surreptitiously obtained inadmissible; new trial granted. State v. Daugherty, 221 Kan. 612, 619, 562 P.2d 42.

7. Overruling defendant's motion for judgment of acquittal in prosecution for sale of narcotic drugs not error. State v. Holt, 221 Kan. 696, 700, 561 P.2d 435.

8. Applied; protections afforded defendant in criminal proceedings reviewed. State v. Duncan, 221 Kan. 714, 719, 562 P.2d 84.

9. Overruling motion for judgment of acquittal upheld. State v. Cates, 223 Kan. 724, 731, 576 P.2d 657.

10. Applied; order granting motion for acquittal after guilty verdict not appealable; appeal dismissed. State v. Crozier, 225 Kan. 120, 124, 587 P.2d 331.

11. Judgment of acquittal terminated prosecution under K.S.A. 22-3418; order not appealable; double jeopardy clause applied. State v. Rodgers, 225 Kan. 242, 243, 589 P.2d 599.

12. Order dismissing information held judgment of acquittal; timely; not appealable. State v. Whorton, 225 Kan. 251, 254, 256, 589 P.2d 610.

13. Trial court should consider all evidence on acquittal motion made at close of all evidence. State v. Blue, 225 Kan. 576, 577, 578, 592 P.2d 897.

14. Evidence held sufficient to support conviction; fact finder could have found guilt beyond a reasonable doubt. State v. McGhee, 226 Kan. 698, 700, 602 P.2d 1339.

15. No error in denial of motion for acquittal although evidence primarily circumstantial. State v. Bell, 6 Kan. App. 2d 573, 631 P.2d 254 (1981).

16. No error by trial court in failing to grant motion to dismiss; securities fraud convictions reversed upon other grounds. State v. Puckett, 6 Kan. App. 2d 688, 691, 634 P.2d 144 (1981).

17. Motion for judgment on acquittal not proper until close of prosecution's evidence unless facts show prosecution will fail regardless of available evidence. Prockish v. City of Stockton, 6 Kan. App. 2d 841, 843, 635 P.2d 975 (1981).

18. Acquittal judgments not appealable; appeals on questions reserved if of statewide interest and answers vital to administration of criminal law. State v. Martin, 232 Kan. 778, 779, 658 P.2d 1024 (1983).

19. Defendant need not always be convicted of crime he intends to facilitate by abduction to be convicted of kidnapping. State v. Chatmon, 234 Kan. 197, 205, 206, 671 P.2d 531 (1983).

20. Motion for acquittal properly denied in light of evidence; questions of self-representation and right to counsel discussed. State v. Hollins, 9 Kan. App. 2d 487, 490, 681 P.2d 687 (1984).

21. Cited; where proceedings recessed overnight, no double jeopardy when court reversed previous dismissal ruling on companion charge. State v. Lowe, 238 Kan. 755, 760, 763, 715 P.2d 404 (1986); reversed Lowe v. State, 242 Kan. 64, 744 P.2d 856 (1987).

22. Court has inherent power to grant motion of acquittal so long as jurisdiction retained; acquittal bars further proceedings. State v. Thomas, 12 Kan. App. 2d 743, 755 P.2d 562 (1988).

23. Cited by dissent; self-defense instruction by battered wife absent showing of imminent danger examined. State v. Stewart, 243 Kan. 639, 659, 763 P.2d 572 (1988).

24. Effect of defendant's motion for acquittal prior to cross-examining and rebutting codefendant's evidence examined. State v. Copes, 244 Kan. 604, 606, 772 P.2d 742 (1989).

25. Court's determination in refusing motion for acquittal examined. State v. Ji, 251 Kan. 3, 20, 832 P.2d 1176 (1992).

26. Cited in discussion on reopening case after party has rested and motions of acquittal. State v. Murdock, 286 Kan. 661, 665, 668, 187 P.3d 1267 (2008).

27. Cited; person required to register under Kansas offender registration act criminally liable even though sheriff failed certain duties. State v. Anderson, 40 Kan. App. 2d 69, 72, 188 P.3d 38 (2008).

28. A district judge may consider and grant stand-your-ground immunity sua sponte at any time before sentencing has been pronounced. State v. Barlow, 303 Kan. 804, 818-19, 368 P.3d 331 (2016).


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