What is the test for a motion for judgment of acquittal under section 1118.1 of the Penal Code?

California, United States of America


The following excerpt is from People v. Beal, B193951 (Cal. App. 11/16/2007), B193951 (Cal. App. 2007):

Penal Code section 1118.1 provides that in a jury trial, the defendant may move, at the close of the evidence on either side and before the case is submitted to the jury, for the entry of a judgment of acquittal of one or more offenses if the evidence is insufficient to sustain a conviction of such offense or offenses on appeal. In ruling on a motion for judgment of acquittal under section 1118.1, the trial court applies the same standard "applied by an appellate court in reviewing the sufficiency of the evidence to support a conviction, that is, `whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged.' [Citations.]" (People v. Crittenden (1994) 9 Cal.4th 83, 139, fn. 13.)

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