22-3419.
Motion for judgment of acquittal.
(1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged in the complaint, indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such crime or crimes. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without having reserved the right.
(2) If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.
(3) If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within seven days after the jury is discharged or within such further time as the court may fix during the seven-day period. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.
History:
L. 1970, ch. 129, § 22-3419; July 1.
Notes of Decisions
Cited in
46
cases (
6 in the last 5 years), 1973–2025 · leading case:
State v. Barlow
State v. Barlow (2016)
kan · cites it 2×
“"This general statement is supported by the Kansas statute that authorizes judgments of acquittal, K.S.A. 22-3419, which provides in pertinent part: *809 “‘(1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more…”
State v. Dinh Loc Ta (2012)
kan · cites it 4×
“K.S.A. 22-3419(1) Standard and Standard of Review In Ta’s first argument, he challenges die trial judge’s application of K.”
State v. Murdock (2008)
kan · cites it 4×
“Standard of Review K.S.A. 22-3419(1), which governs Kansas courts' consideration of motions for judgment of acquittal, provides in relevant part: "The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged…”
State v. Roberts (2011)
kan · cites it 4×
“This general statement is supported by the Kansas statute that authorizes judgments of acquittal, K.S.A. 22-3419, which provides in pertinent part: “(1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes…”
State v. Whorton (1979)
kan · cites it 4×
“K.S.A. 22-3419 provides in part: "(1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged in the complaint, indictment or information after the evidence on either side is closed if the *255 evidence…”
State v. Sprague (2015)
kan
“K.S.A. 22-3419 permits a district court to enter a judgment of acquittal if, at the close of *432 evidence, there is insufficient evidence to support a charged crime.”
State v. Crozier (1978)
kan · cites it 2×
“The motion for judgment of acquittal is provided for in K.S.A. 22-3419 as follows: "22-3419. Motion for judgment of acquittal.”
State v. Llamas (2013)
kan
“K.S.A. 22-3419(1); see State v. Murdock, 286 Kan.”
State v. Anderson (2008)
kanctapp · cites it 2×
“" But a judgment of acquittal is only available under K.S.A. 22-3419(1) "after the evidence on either side is closed.”
State v. Puckett (1981)
kanctapp · cites it 2×
“]" K.S.A. 22-3419(1) states: "The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged in the complaint, indictment or information after the evidence on either side is closed if the evidence is…”
State v. Dubish (1984)
kan
“See K.S.A. 22-3419; State v. Sanders, 225 Kan.”
State v. Berkstresser (2022)
kan
“See K.S.A. 22-3419 (directing court to grant motion for acquittal at close of State's evidence when there is not sufficient evidence to support charge).”
— K.S.A. § 22-3419(1) — 13 cases
State v. Dinh Loc Ta (2012)
kan
“K.S.A. 22-3419(1) Standard and Standard of Review In Ta’s first argument, he challenges die trial judge’s application of K.”
State v. Murdock (2008)
kan
“Standard of Review K.S.A. 22-3419(1), which governs Kansas courts' consideration of motions for judgment of acquittal, provides in relevant part: "The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged…”
State v. Llamas (2013)
kan
“K.S.A. 22-3419(1); see State v. Murdock, 286 Kan.”
State v. Anderson (2008)
kanctapp
“" But a judgment of acquittal is only available under K.S.A. 22-3419(1) "after the evidence on either side is closed.”
State v. Puckett (1981)
kanctapp
“]" K.S.A. 22-3419(1) states: "The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more crimes charged in the complaint, indictment or information after the evidence on either side is closed if the evidence is…”
— K.S.A. § 22-3419(2) — 1 case
— K.S.A. § 22-3419(3) — 3 cases
— K.S.A. § 22-3419(a) — 1 case
State v. Barlow (2016)
kan
“"This general statement is supported by the Kansas statute that authorizes judgments of acquittal, K.S.A. 22-3419, which provides in pertinent part: *809 “‘(1) The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more…”
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