State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1227

§15A‑1227.  Motion for dismissal.

(a)        A motion fordismissal for insufficiency of the evidence to sustain a conviction may be madeat the following times:

(1)        Upon close of theState's evidence.

(2)        Upon close of allthe evidence.

(3)        After return of a verdictof guilty and before entry of judgment.

(4)        After discharge ofthe jury without a verdict and before the  end of the session.

(b)        Failure to make themotion at the close of the State's evidence or after all the evidence is not abar to making the motion at a later time as provided in subsection (a).

(c)        The judge must ruleon a motion to dismiss for insufficiency of the evidence before the trial mayproceed.

(d)        The sufficiency ofall evidence introduced in a criminal case is reviewable on appeal withoutregard to whether a motion has been made during trial, as provided in G.S. 15A‑1446(d)(5).(1977, c. 711,  s. 1.)