North Carolina General Statutes 15-173. Motion to dismiss based on the evidence
Terms Used In North Carolina General Statutes 15-173
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
When on the trial of any criminal action in the superior or district court, the State has introduced its evidence and rested its case, the defendant may move to dismiss the action. If the motion is allowed, judgment shall be entered accordingly; and the judgment has the force and effect of a verdict of “not guilty” as to the defendant. If the motion is refused and the defendant does not choose to introduce evidence, the case shall be submitted to the jury as in other cases, and the defendant may on appeal urge as ground for reversal the trial court’s denial of the motion without the necessity of the defendant’s having objected to the denial.
If the defendant introduces evidence, the defendant thereby waives any motion to dismiss that the defendant made prior to the introduction of the defendant’s evidence and cannot urge the prior motion as ground for appeal. The defendant, however, may make the motion at the conclusion of all the evidence in the case, irrespective of whether or not the defendant made a motion to dismiss beforehand. If the motion is allowed, or is sustained on appeal, it has in all cases the force and effect of a verdict of “not guilty.” If the motion is refused, the defendant may on appeal, after the jury has rendered its verdict, urge as ground for reversal the trial court’s denial of the motion made at the close of all the evidence without the necessity of the defendant’s having objected to the denial. (1913, c. 73; Ex. Sess. 1913, c. 32; C.S., s. 4643; 1951, c. 1086, s. 1; 1973, c. 1141, s. 16; 2023-54, s. 6.)