Did I here right? State intends to rest its case today. WTF? Next, we will hear a defense Motion for a Judgment of acquittal, but legal analysis of all facts surrounding this case make it, like most cases, highly improbable.
Anyway, for those who may be interest, lets all start from the beginning of all this:
Florida Statutes
- The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is
murder in the second degree.
- The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is
manslaughter.
Florida Rules of Criminal Procedure
3.380. Motion for Judgment of Acquittal (a) Timing.
If, at the close of the evidence for the state or at the close of all the evidence in the cause, the court is of the opinion that the evidence is insufficient to warrant a conviction, it may, and on the motion of the prosecuting attorney or the defendant shall, enter a judgment of acquittal. (b) Waiver. A motion for judgment of acquittal is not waived by subsequent introduction of evidence on behalf of the defendant. The motion must fully set forth the grounds on which it is based.
(c) Renewal.[h] If the jury returns a verdict of guilty or is discharged without having returned a verdict, the defendant’s motion may be made or renewed within 10 days after the reception of a verdict and the jury is discharged or such further time as the court may allow.
Edited by user
13 years ago |
Reason: Not specified