NRS 175.381
Court may advise jury to acquit defendant when evidence on either side closed

  • motion for judgment of acquittal after verdict of guilty or guilty but mentally ill
  • subsequent motion for new trial.

1.

If, at any time after the evidence on either side is closed, the court deems the evidence insufficient to warrant a conviction, it may advise the jury to acquit the defendant, but the jury is not bound by such advice.

2.

The court may, on a motion of a defendant or on its own motion, which is made after the jury returns a verdict of guilty or guilty but mentally ill, set aside the verdict and enter a judgment of acquittal if the evidence is insufficient to sustain a conviction. The motion for a judgment of acquittal must be made within 7 days after the jury is discharged or within such further time as the court may fix during that period.

3.

If a motion for a judgment of acquittal after a verdict of guilty or guilty but mentally ill pursuant to this section is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed. The court shall specify the grounds for that determination. If the motion for a new trial is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial is granted conditionally and the judgment is reversed on appeal, the new trial must proceed unless the appellate court has otherwise ordered. If the motion is denied conditionally, the defendant on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings must be in accordance with the order of the appellate court.

Source: Section 175.381 — Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty or guilty but mentally ill; subsequent motion for new trial., https://www.­leg.­state.­nv.­us/NRS/NRS-175.­html#NRS175Sec381.

175.111
Oath of jurors. 175.121
Personal knowledge of jurors. 175.131
Judge to inform jury of right to take notes. 175.141
Order of trial. 175.151
Number of counsel who may argue case. 175.161
Instructions. 175.171
No special instructions to be given relating exclusively to defendant’s testimony. 175.181
Instruction not to be given relative to failure of defendant to testify. 175.186
Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited. 175.191
Presumption of innocence: Acquittal in case of reasonable doubt. 175.201
Presumption of innocence: Conviction of lowest degree of offense. 175.211
Definition of reasonable doubt 175.221
Evidence. 175.241
Proof of corporate existence generally. 175.251
Conspiracy: Allegation and proof of overt act 175.261
False pretenses: What evidence necessary. 175.271
Expert witnesses. 175.282
Plea bargain: Inspection by jury 175.291
Testimony of accomplice must be corroborated 175.301
Testimony of person upon or with whom abortion was allegedly committed. 175.311
Procedure when higher offense is shown by evidence. 175.321
Procedure if higher offense ignored. 175.331
When defendant on bail appears for trial defendant may be committed and held. 175.341
Mistake in charging proper offense: Defendant not discharged 175.351
Discharge of defendant when jury discharged for want of jurisdiction. 175.361
Offense committed in other county: Commitment to await warrant 175.371
Discharge where defendant not arrested on warrant from other county 175.381
Court may advise jury to acquit defendant when evidence on either side closed 175.383
Withdrawal, discharge or change of defense counsel 175.387
Misconduct of defendant
Last Updated

Feb. 5, 2021

§ 175.381’s source at nv​.us