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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 9. VERDICT AND JUDGMENT GENERALLY · Article 1. GENERAL PROVISIONS

17-9-1. When direction of verdict of acquittal authorized; when motion for directed verdict of acquittal allowed; effect of motion upon defendant’s right to present evidence and right to jury trial; assent of jury not required.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or ‘‘not guilty’’ as to the entire offense or to some particular count or offense, the court may direct the verdict of acquittal to which the defendant is entitled under the evidence and may allow the trial to proceed only as to the counts or offenses remaining, if any.#

  2. (b)

    The defendant shall be entitled to move for a directed verdict at the close of the evidence offered by the prosecuting attorney or at the close of the case, even if he fails to introduce any evidence at the trial. A defendant who moves for a directed verdict at the close of the evidence offered by the prosecuting attorney may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted shall not be deemed to be a waiver of the right to trial by jury. The order of the court granting a motion for a directed verdict of acquittal is effective without any assent of the jury.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 27-1802, enacted by Ga. L. 1971, p. 460, § 1; Ga. L. 1982, p. 3, § 17.

Law reviews

For article discussing the effect of United States v. Bell, 678 F.2d 547 (5th Cir. 1982), on the directed verdict in criminal cases, see 35 Mercer L. Rev. 1209 (1984).

Other notes

U.S. Code.
Verdicts, Federal Rules of Criminal Procedure, Rule 31.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 938; merge action: annotated; file SHA-256 0b0d45f9c609.