Montana Statutes
§ 46-16-403 — Evidence Insufficient To Go To Jury
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.
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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.
Nearby Sections
15
§ 46-16-101
Who Given Precedence On Calendar§ 46-16-102
Renumbered 46-16-110§ 46-16-103
Who Decides Questions Of Law And Fact§ 46-16-104
Plea Of Not Guilty§ 46-16-106
Time To Prepare For Trial§ 46-16-107
Repealed§ 46-16-108
Repealed§ 46-16-109
Reserved§ 46-16-110
Right To Jury Trial -- Waiver§ 46-16-111
Formation Of Trial Jury§ 46-16-112
Motion To Discharge Jury Panel§ 46-16-113
Reserved§ 46-16-114
Examination Of Prospective Jurors§ 46-16-115
Challenges For Cause