Statute · California Penal Code
Cal. Penal Code § 1118 — The Trial
Cal. Penal Code § 1118
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading after the evidence of the prosecution has been…
Citator
Cal. Penal Code § 1118 — The Trial is in force in the current edition of the Code, and nothing recorded condemns it.
In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading after the evidence of the prosecution has been closed if the court, upon weighing the evidence then before it, finds the defendant not guilty of such offense or offenses. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right.