Motion to dismiss trial#

15A-1414 (motion to dismiss after verdict or set aside verdict). There is little or no practical difference between the two. 15-173 (“Demurrer to the evidence,” allowing defendant to “move to dismiss the action, or for judgment as in case of nonsuit” after the state has rested its evidence). 15A-1227 is fundamentally the same as the motion described in G.S.

Motion to dismiss trial#

The judge “must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed.” G.S. Failure to make a motion to dismiss at the close of the state’s evidence or at the close of all the evidence does not bar the defense from making a motion at either of the other two later times. This motion can be made: (i) at the close of the state’s evidence (ii) at the close of all the evidence (iii) after a guilty verdict has been returned and before the court enters judgment or (iv) after discharging the jury without a verdict and before the end of the court session.

15A-1227, the defendant may make a motion to dismiss the case on the grounds that there is insufficient evidence to sustain a conviction.