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Rule 4-324 – Motion for Judgment of Acquittal

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. A defendant may move for judgment of acquittal on one or more counts, or on one or more degrees of an offense which by law is divided into degrees, at the close of the evidence offered by the State and, in a jury trial, at the close of all the evidence. The defendant shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment of acquittal shall be necessary. A defendant does not waive the right to make the motion by introducing evidence during the presentation of the State’s case.
(b) Action by the Court. If the court grants a motion for judgment of acquittal or determines on its own motion that a judgment of acquittal should be granted, it shall enter the judgment or direct the clerk to enter the judgment and to note that it has been entered by direction of the court. The court shall specify each count or degree of an offense to which the judgment of acquittal applies.

Cross reference: Article 23 of the Maryland Declaration of Rights and Code, Criminal Procedure Article, ยง 6-104.

(c) Effect of Denial. A defendant who moves for judgment of acquittal at the close of evidence offered by the State may offer evidence in the event 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. In so doing, the defendant withdraws the motion.

Md. Crim. Causes. 4-324

This Rule is derived from former Rule 756 and M.D.R. 756.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 8, 2002, eff. Feb. 1, 2002.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order amended the cross reference following section (b).