W.R.Cr.P. 29

(a) At close of evidence. — Motions for directed verdict are abolished and

motions for judgment of acquittal shall be used in their place. The court on

motion of a defendant or of its own motion shall order the entry of judgment of

acquittal of one or more offenses charged in the indictment, information or

citation 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 state is not

granted, the defendant may offer evidence without having reserved the right.

(b) Reservation of decision. — If a motion for judgment of acquittal is made

at the close of all the evidence, the court may reserve decision on the motion,

submit the case to the jury and decide the motion either before the jury returns

the verdict or after it returns a verdict of guilty or is discharged without having

returned a verdict.

(c) After discharge of jury. — If the jury returns a verdict of guilty or is

discharged without having returned a verdict, a motion for judgment of

acquittal may be made or renewed within 10 days after the jury is discharged

or within such further time as the court may fix during the 10-day period. If a

verdict of guilty is returned, the court may on such motion set aside the verdict

and enter judgment of acquittal within 10 days after such motion is filed, and

if not so entered shall be deemed denied, unless within such 10 days the

determination shall be continued by order of the court, but a continuance shall

not extend the time to a day more than 30 days from the date the verdict is

returned. If no verdict is returned, the court may enter judgment of acquittal.

It shall not be necessary to the making of such a motion that a similar motion

has been made prior to the submission of the case to the jury.

(d) Conditional ruling on motion for new trial. — If a motion for judgment of

acquittal after verdict of guilty under this rule is granted, the court shall also

determine whether any motion for a new trial should be granted if the

judgment of acquittal is thereafter vacated or reversed, specifying the grounds

for such determination. If the motion for a new trial is granted conditionally,

the order thereon does not affect the finality of the judgment. If the motion for

a new trial has been granted conditionally and the judgment is reversed on

appeal, the new trial shall proceed unless the appellate court has otherwise

ordered. If such motion has been denied conditionally, the appellee on appeal

may assert error in that denial, and if the judgment is reversed on appeal,

subsequent proceedings shall be in accordance with the order of the appellate

court.