What is the test applied by an appellate court to review a motion for judgment of acquittal?
California, United States of America
The following excerpt is from Mouser v. Superior Court, 136 Cal.App.3d 110, 186 Cal.Rptr. 21 (Cal. App. 1982):
It is clear from respondent court's comments to the jury that respondent court applied the test to be employed in ruling upon a motion for judgment of acquittal: "... the same test applied by an appellate court in reviewing a conviction: whether from the evidence, including reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged." Veitch v. Superior Court, supra, 89 Cal.App.3d p. 727, 152 Cal.Rptr. 822. The granting of a motion for judgment of acquittal pursuant to the provisions of Penal Code section 1118.1 bars another prosecution for the same offenses; indeed, such a result is compelled by statute. (Pen.Code, 1118.2; Veitch v. Superior Court, supra, p. 727-728, 152 Cal.Rptr. 822.)
We conclude, under the circumstances shown here, that respondent court's action
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Let a peremptory writ of prohibition issue to restrain the further prosecution of petitioner.
ROUSE, Acting P. J., and SMITH, J., concur.
1 In so doing, the court made the following statement:
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