Montana § 46-16-403 Evidence Insufficient To Go To Jury

Montana Statutes

§ 46-16-403 — Evidence Insufficient To Go To Jury

Montana § 46-16-403

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 4Order of Trial

This text of Montana § 46-16-403 (Evidence Insufficient To Go To Jury) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-16-403 (2026).

Text

46-16-403 . Evidence insufficient to go to jury. When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. However, prior to dismissal, the court may allow the case to be reopened for good cause shown.

Free access — add to your briefcase to read the full text and ask questions with AI

46-16-403 . Evidence insufficient to go to jury. When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. However, prior to dismissal, the court may allow the case to be reopened for good cause shown.

Legislative History

En. 95-1909 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; amd. Sec. 28, Ch. 184, L. 1977; R.C.M. 1947, 95-1909(9); amd. Sec. 203, Ch. 800, L. 1991.