The purpose of the rule is to "avoid forcing a defendant into going forward with his own evidence when the state's case is insufficient." State v. Smith, 675 P.2d 521, 524 (Utah 1983) (quoting United States v. Brown, 456 F.2d 293, 294 (2d Cir.), cert. denied, 407 U.S. 910, 92 S.Ct. 2436, 32 L.Ed.2d 684 (1972)); State v. Tucker, 26 Ariz. App. 376, 548 P.2d 1188, 1190 (1976)). While the State admits that the trial court erred, it argues that Emmett waived this claim or, in the alternative, that the error was harmless.
The purpose of the rule is to "avoid forcing a defendant into going forward with his own evidence when the state's case is insufficient." State v. Tucker, 26 Ariz. App. 376, 378, 548 P.2d 1188, 1190 (1976). See also Jackson v. United States, 250 F.2d 897 (5th Cir. 1958); Bennett v. People, 155 Colo. 101, 392 P.2d 657 (1964).
During the quoted portion of the argument, the prosecutor was only discussing the actus reus of the crime rather than the mens rea, in an attempt to clarify a prior argument by one of the defense attorneys. As the prosecutor had previously explained the requirement of intent to the jury, and the court correctly instructed the jury on the elements of the crimes charged, we find no error. See State v. Tucker, 26 Ariz. App. 376, 548 P.2d 1188 (1976). Appellant's Statements
"Showing that [the defendant] had actually profited from [his] conduct is not necessary to prove the required intent." State v. Tucker, 26 Ariz. App. 376, 378, 548 P.2d 1188, 1190 (1976). As discussed supra, ¶¶ 10-12, the State presented sufficient evidence for a jury to find that Martin possessed the requisite criminal mens rea.
While Rule 20 contemplates a judgment of acquittal "shall be made with all possible speed," the purpose of this requirement is to prevent forcing a defendant to present the defense case when the State's case is insufficient. State v. Tucker, 26 Ariz. App. 376, 378, 548 P.2d 1188, 1190 (1976). The delay in ruling here did not affect how or when Shattuck chose to present his case; he rested immediately and did not object to any delay.
See A.R.S. § 13-2002 An intent to defraud may be inferred from circumstantial evidence, and it is irrelevant whether anyone was actually injured. See State v. Tucker, 26 Ariz. App. 376, 378, 548 P.2d 1188, 1190 (1976). [F]raudulent intent, as a mental element of crime, is often difficult to prove by direct evidence.
The trial court did not rule on the motion until after appellant had presented his defense and the jury had begun deliberations. Noting that Rule 20 motions are intended to be ruled on expeditiously so that a defendant is not forced to present his case when the state's case is insufficient, State v. Tucker, 26 Ariz. App. 376, 548 P.2d 1188 (1976), appellant claims he was prejudiced. Having failed to object or to request a timely ruling, however, he has waived the issue on appeal. State v. Villegas, 101 Ariz. 465, 420 P.2d 940 (1966).
This act of waiting for the defense to supply a necessary element of the state's case amounts to a "reservation" of decision on the motion for judgment of acquittal, which is clearly prohibited by Rule 20(a), even though the trial court formally denied the motion. See State v. Tucker, 26 Ariz. App. 376, 378, 548 P.2d 1188, 1190 (1976) (the purpose of the rule prohibiting reservation on motion for acquittal is to avoid forcing a defendant into going forward with his own evidence when the state's case is insufficient, thus risking convicting himself). Thus we agree that the trial court erred if, in fact, the state had failed to prove all the elements of the crime in its case-in-chief.
But, where as here, the defendant promptly presents a post-trial motion, the court may take the motion under advisement and the trial court's delay should not work to the irreparable prejudice of the defendant. See State v. Tucker, 26 Ariz. App. 376, 548 P.2d 1188 (1976). The February 3 motion expressly claimed "the Court erred in failing to grant defendant's motion for directed verdict of acquittal as to second degree murder and voluntary manslaughter."