North Carolina § 15A-1227 Motion for dismissal

North Carolina Statutes

§ 15A-1227 — Motion for dismissal

North Carolina § 15A-1227

Ch. 15ACriminal Procedure Act

Art. 73Criminal Jury Trial in Superior Court

Subch. XIITRIAL PROCEDURE IN SUPERIOR COURT

This text of North Carolina § 15A-1227 (Motion for dismissal) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-1227 (2026).

Text

(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 provid

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(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.)