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California statute

Cal. Penal Code § 1118

Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)

Part of Chapter 2: The Trial, California Penal Code.

Full text of Cal. Penal Code § 1118

Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.

Cal. Penal Code § 1118Primary source, current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading after the evidence of the prosecution has been closed if the court, upon weighing the evidence then before it, finds the defendant not guilty of such offense or offenses. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right.

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This reference is informational and is not legal advice.