Miss. R. Crim. P. 21

As amended through March 21, 2024

Rule 21 - Motions for Directed Verdict

(a) After the Prosecution's Case-in-Chief. After the prosecution rests, the court, on its own motion or upon motion by the defendant, may consider whether the evidence is sufficient to sustain a conviction. A motion for directed verdict must specify the manner in which the evidence is deficient. When, with respect to one (1) or more elements of the offense charged, the evidence is insufficient to support a conviction, the court shall order a directed verdict of "not guilty." The trial shall proceed with respect to the remaining count(s), if any.

(b) At the Close of the Evidence. If the motion for directed verdict is denied, the defendant may rest or proceed to introduce evidence on his/her behalf. If the defendant chooses to go forward with his/her own case, the defendant may renew the motion for directed verdict after the close of all the evidence.

(c) Waiver. The failure of a defendant to challenge the sufficiency of the evidence at the times and in the manner prescribed will constitute a waiver of any argument on appeal pertaining to the sufficiency of the evidence to support the verdict.

(d) Denial by Operation of Law. If, for any reason, a motion or a renewed motion for directed verdict is not ruled upon by the entry of judgment, it is deemed denied for purposes of appellate review.

Miss. R. Crim. P. 21

Adopted eff. 7/1/2017.

Comment

Rule 21 follows common-law practice for a motion for directed verdict. A motion for directed verdict goes to the sufficiency of the evidence. See McClain v. State, 625 So. 2d 774, 778 (Miss. 1993). All evidence introduced by the State, together with any reasonable inferences that may be drawn therefrom, is accepted as true. See Davis v. State, 530 So. 2d 694, 703 (Miss. 1988). The "critical inquiry" involves "whether the evidence shows 'beyond a reasonable doubt that [the] accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.'" Bush v. State, 895 So. 2d 836, 843 (Miss. 2005) (quoting Carr v. State, 208 So. 2d 886, 889 (Miss. 1968)). To preserve the issue for appeal, the defendant must move for directed verdict at the close of the prosecution's casein-chief. See Page v. State, 990 So. 2d 760, 762 (Miss. 2008). "If a motion for directed verdict is denied and the defendant introduces evidence on his own behalf, the defendant must renew his motion for directed verdict at the close of all evidence." Id. Failure to do so waives the issue on appeal. See Seales v. State, 90 So. 3d 37 (Miss. 2012).