Motion for Acquittal: Established; When Made

The motion for a directed verdict is abolished and a motion for judgment of acquittal shall be used in its place. The court on motion of a defendant or on its own motion shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, information or complaint after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the government is not granted, the defendant may offer evidence without having reserved the right. COURT DECISIONS: SUPERIOR COURT, 1978. Superior Court lacks jurisdiction to hear motion during pendency of an appeal. People v. Botelho, Sup. Ct. Cr. #98F-78. (Decision and Order, 06/27/78; Abbate, P.J.) NOTE: Section 100.10 is substantively the same as Rule 29(a). See also former §§ 1100, 1118; Fed. R. Crim. P. 29. Compare Cal. Pen. Code §§ 1118-1118.2. See generally 8 Moore, Federal Practice &&29.01, 29.09 (1974); B. Witkin, California Criminal Procedure Trial §§ 501A (Supp. 1973).