Directed Verdicts

At the end of the State's case a defendant can make a motion for directed verdict of acquittal asking the judge to find the defendant not guilty as a matter of law. A motion for directed verdict addresses the sufficiency of the evidence. McKay v. State, 234 Ga. App. 556 (1998). A directed verdict of acquittal should be granted only where there is no conflict in the evidence and the evidence demands a verdict of not guilty as a matter of law. Walker v. State, 310 Ga. App. 223 (2011); Dover v. State 307 Ga. App. 126 (2010). If a motion for directed verdict is made, it must be ruled upon before the jury returns a verdict and the judge sentences the defendant. State v. Canup, 300 Ga. App. 678 (2009). 

 

The fact that a directed verdict is granted as to some counts does not mean that it was improper for evidence as to those counts to have been presented to the jury. Hicks v. State, 315 Ga. App. 779 (2012). 

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