Rule 42-51. Upon Verdict of Guilty

If the jury returns a verdict of guilty, the judicial authority, upon motion of the defendant or upon its own motion, shall order the entry of a judgment of acquittal as to any offense specified in the verdict, or any lesser included offense, for which the evidence does not reasonably permit a finding of guilty beyond a reasonable doubt. If the judicial authority directs an acquittal for the offense specified in the verdict, but not for a lesser included offense, it may either:

(1) Modify the verdict accordingly; or

(2) Grant the defendant a new trial as to the lesser included offense.

Committee Notes

(P.B. 1978-1997, Sec. 899.)