PUBLISHED

N.C.G.S. § 15A-1227

Motion for dismissal.

Effective date: 2026-08-08
Last verified: 2026-08-09
Source: official source
Revision history: view all versions

(a) A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times: (1) Upon close of the State's evidence. (2) Upon close of all the evidence. (3) After return of a verdict of guilty and before entry of judgment. (4) After discharge of the jury without a verdict and before the end of the session. (b) 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). (c) The judge must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed. (d) 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). (1977, c. 711, s. 1.)