Legal Memorandum: Motion for a Judgment of Acquittal in AL

Issue: What is the standard of review from denial of a motion for judgment of acquittal in the Alabama Court of Criminal Appeals?

This court’s standard of review from denial of a motion for judgment of acquittal is summarized as follows:

The trial court’s denial of a motion for judgment of acquittal must be reviewed by determining whether there was legal evidence before the jury at the time the motion was made from which the jury by fair inference could find the defendant guilty.  Thomas v. State, 363 So. 2d 1020 (Ala. Cr. App. 1978).  In applying this standard, this court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt.  Willis v. State, 447 So. 2d 199 (Ala. Cr. App. 1983).  When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for judgment of acquittal does not constitute error.  McConnell v. State, 429 So. 2d 662 (Ala. Cr. App. 1983).

Kings v. State, 53 So. 3d 162, 164 (Ala. Crim. App. 2010) (quoting Hollaway v. State, 979 So. 2d 839, 843 (Ala. Crim. App. 2007)).

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