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La. Code Crim. Proc. art. 821

Motion for post verdict judgment of acquittal

activein force · 2026-09-15 – presentact-effective-date

A. The defendant may move for a post verdict judgment of acquittal following the verdict. A motion for a post verdict judgment of acquittal must be made and disposed of before sentence.

B. A post verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilty.

C. If the court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense.

D. If a post verdict judgment of acquittal is granted or if a verdict is modified, the state may seek review by invoking the supervisory jurisdiction of or by appealing to the appropriate appellate court.

E. If the appellate court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense.

History

Added by Acts 1982, No. 144, §1.

Provenance

Source
legis.la.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
eb4c243fe6bc89a5afa6885f0a63d78ebfe39614d775fb0dde9fd7a3663cfd95
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