Rule 42-50. Motion for Judgment of Acquittal; After Mistrial

Upon the declaration of a mistrial pursuant to Sections 42-43 through 42-45, at any time after the close of the state's case-in-chief, the judicial authority, upon motion of the defendant or upon its own motion, may order the entry of a judgment of acquittal as to any offense charged, or any lesser included offense, for which the evidence would not reasonably permit a finding of guilty beyond a reasonable doubt. The acquittal does not bar prosecution for any offense as to which the judicial authority does not direct an acquittal.

Committee Notes

(P.B. 1978-1997, Sec. 898.)