2015 ORS 136.445¹
Motion for acquittal
  • standard for granting motion
  • effect

In any criminal action the defendant may, after close of the state’s evidence or of all the evidence, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal shall be a bar to another prosecution for the same offense. [Formerly 136.605]

See also annota­tions under ORS 136.605 in permanent edi­tion.

Notes of Decisions

If defendant elects not to stand on his mo­tion and presents evidence in de­fense, appellate court must consider all evidence and if sufficient to sustain con­vic­­tion, denial of mo­tion for acquittal is not error. State v. Nix, 7 Or App 383, 491 P2d 635 (1971); State v. Jacobs, 11 Or App 218, 501 P2d 353 (1972), Sup Ct review denied

In reviewing denial of defendant's mo­tion for judg­ment of acquittal, court views evidence in light most favorable to state. State v. Nix, 7 Or App 383, 491 P2d 635 (1971)

There is no basis either by statute or under common law for entry of judg­ment non obstante verdicto in crim­i­nal case. State ex rel Haas v. Schwabe, 276 Or 853, 556 P2d 1367 (1977)

Evidence that objects consisting of metal handle with two finger holes and looped end could be used as slugging device was sufficient. State v. Fredette, 72 Or App 293, 696 P2d 7 (1985)

Granting of defendant's mo­tion for judg­ment of acquittal during trial on sole ground that indict­ment did not state facts sufficient to es­tab­lish crime did not bar later pros­e­cu­­tion. State v. Wolfs, 312 Or 646, 826 P2d 623 (1992)

"Acquittal" is to be construed by reference to defini­tion of acquittal in ORS 131.505 (Definitions for ORS 131.505 to 131.525). State v. Sperry, 149 Or App 690, 945 P2d 546 (1997), Sup Ct review denied

Trial court may not grant post-verdict mo­tion for entry of judg­ment of acquittal. State v. Metcalfe, 328 Or 309, 974 P2d 1189 (1999)

Court may allow state to reopen case after defendant moves for judg­ment of acquittal. State v. Agee, 223 Or App 729, 196 P3d 1060 (2008)

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2015) (last ac­cessed Jul. 16, 2016).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.