TITLE THREE — TRIAL PROCEEDINGS
Rule 25. Motion Required for Finding of Not Guilty
Entry by Court. The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offence charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge. If a defendant’s motion for a required finding of not guilty is made at the close of the State’s evidence, it shall be ruled upon at that time. If the motion is denied or allowed only in part by the judge, the defendant may offer evidence in his defence without having reserved that right.
Standard. In deciding a motion under this rule the court shall consider the evidence and the reasonable inferences from it in the light most favorable to the State, and shall determine whether a rational finder of fact could find each element of the offence beyond a reasonable doubt. The court shall not weigh the credibility of witnesses nor resolve conflicts in the evidence, except that the court shall disregard evidence that has been struck or excluded.
Time of Motion.
At the Close of the State’s Evidence. A motion made at the close of the State’s evidence shall be ruled upon at that time, as Rule 25(a) provides.
At the Close of All the Evidence. A motion may be made or renewed at the close of all the evidence. A motion made at the close of the State’s evidence is not waived by the offering of evidence by the defendant.
Reservation of Decision. The court may reserve decision upon a motion made at the close of all the evidence, submit the case to the jury, and decide the motion after the verdict. Where the court reserves decision it shall decide the motion upon the evidence as it stood at the time the ruling was reserved.
After Verdict or Discharge. A motion may be made or renewed within seven (7) days after a verdict or finding of guilty, or within seven (7) days after the discharge of a jury without a verdict. The court may not extend this period. Rule 46(b).
Scope of Relief. The court may enter a finding of not guilty as to any count, as to any part of a count, as to any defendant, or as to the offence charged while submitting a lesser included offence. Where the court allows a motion in part it shall state upon the record the counts and parts to which the ruling extends.
Motion by the Court. The court shall enter a finding of not guilty upon its own motion where the evidence is insufficient as a matter of law, whether or not a party has moved.
Verdict Set Aside. Where the court allows a motion made after a verdict of guilty, it shall set aside the verdict and enter a finding of not guilty. Where the court allows a motion after the discharge of a jury without a verdict, it shall enter a finding of not guilty.
Conditional Ruling on a Motion for a New Trial. Where the court sets aside a verdict of guilty and enters a finding of not guilty, it shall also determine conditionally any pending motion for a new trial under Rule 30(b), and shall state upon the record whether the motion would be granted were the finding of not guilty thereafter vacated or reversed, together with the grounds of that determination.
Effect.
Acquittal. A finding of not guilty entered under this rule is an acquittal and terminates the prosecution upon the counts to which it extends.
Appeal. A finding of not guilty entered under this rule is not among the orders from which the State may appeal. 6 R. Stat. § 131.805. Rule 15 governs interlocutory appeals by the State.
Discharge. Upon the entry of a finding of not guilty as to every count, the defendant shall be discharged unless held upon other process, and the judgment shall be entered as provided by Rule 28(a) and Rule 28(h).
Record. The Clerk shall enter upon the docket each motion made under this rule, the time at which it was made, and the ruling of the court.