Title 17, Chapter 9, Section 1
( 17-9-1)
(a) Where there is no conflict in the evidence and the evidence
introduced with all reasonable deductions and inferences therefrom
shall demand a verdict of acquittal or "not guilty" as to the entire
offense or to some particular count or offense, the court may direct
the verdict of acquittal to which the defendant is entitled under
the evidence and may allow the trial to proceed only as to the
counts or offenses remaining, if any. (b) The defendant shall be entitled to move for a directed verdict
at the close of the evidence offered by the prosecuting attorney or
at the close of the case, even if he fails to introduce any evidence
at the trial. A defendant who moves for a directed verdict at the
close of the evidence offered by the prosecuting attorney may offer
evidence in the event that the motion is not granted, without having
reserved the right to do so and to the same extent as if the motion
had not been made. A motion for a directed verdict which is not
granted shall not be deemed to be a waiver of the right to trial by
jury. The order of the court granting a motion for a directed
verdict of acquittal is effective without any assent of the jury. |