Texas Judgment of Acquittal By Jury
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FAQ
Section 37.08 - False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace
A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution's evidence is too weak to support a conviction, viewing it as generously as possible.
Section 37.11 - Impersonating Public Servant (a) A person commits an offense if the person: (1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or (2) knowingly purports to exercise, without legal
In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence. The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses.
37.07. VERDICT MUST BE GENERAL; SEPARATE HEARING ON PROPER PUNISHMENT.
Section 37.09 - Tampering With or Fabricating Physical Evidence (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he: (1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
Insufficient Evidence of Guilt on Some or All Charges For example, consider a defendant charged with arson and burglary. At trial, the prosecution presents almost no evidence of arson. The defense would be well advised in that situation to bring a judgment of acquittal as to the arson charge.
