North Carolina § 15A-1227 - Motion for dismissal.

§ 15A-1227. Motion for dismissal.

A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times: Upon close of the State's evidence. Upon close of all the evidence. After return of a verdict of guilty and before entry of judgment. After discharge of the jury without a verdict and before the end of the session. Failure to make the motion at the close of the State's evidence or after all the evidence is not a bar to making the motion at a later time as provided in subsection (a). The judge must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed. The sufficiency of all evidence introduced in a criminal case is reviewable on appeal without regard to whether a motion has been made during trial, as provided in G.S. 15A-1446(d)(5). History (1977, c. 711, s. 1.)