§15A-1227. Motion for dismissal

(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.)