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Fill and Sign the Acquittal 497331690 Form

Fill and Sign the Acquittal 497331690 Form

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IN THE ___________ COURT OF________________ (County) , ______________ (State) _____________________ PLAINTIFF (Name of State) V. CAUSE NO. _____,_____ _____________________ DEFENDANT (Name of Defendant) Motion for Judgment of Acquittal Comes now Defendant, _______________________ (Name of Defendant) , by and through counsel, and respectfully moves this Court to set aside the verdict of guilty returned against Defendant on ___________________ (date) , and to order the entry of a Judgment of acquittal of any offense charged in the indictment against Defendant, in accordance with the Motion and Supplementary Motion for Judgment of Acquittal made by Defendant at the close of all the evidence, or, in the alternative, Defendant moves this Court to set aside the verdict of guilty returned against Defendant on ________________ (date) , and grant Defendant a new trial, for the following reasons: 1. The verdict is contrary to the weight of the evidence. 2. The verdict is not supported by substantial evidence. 3. The Court erred in denying Defendant's Motion to dismiss the indictment. 4. The Court erred in denying Defendant's Motion to strike parts of the indictment. 5. The Court erred in denying Defendant's Motion for a bill of particulars. 6. The Court erred in denying Defendant's Motion to dismiss the indictment or, in the alternative, to continue the trial. 7. The Court erred in denying Defendant's renewal of his Motion to dismiss the indictment or, in the alternative, to continue the trial. 8. Defendant was deprived of a fair trial, and was substantially prejudiced by the pretrial activities of the county district attorney and the attendant publicity, and by the pretrial and trial publicity carried in the press and on radio and television. 9. The Court erred in denying Defendant's Motion for judgment of acquittal made on the basis of the prosecutor's opening statement. 10. The Court erred in denying Defendant's Motion and supplementary Motion for judgment of acquittal made at the close of all the evidence. 11. The Court erred in admitting testimony of the witness, ______________________ (name of witness) , to which objections were made. 12. The Court erred in refusing to add to its instructions to the jury, concerning the law of evidence as it relates to the charge of a conspiracy, an instruction that the only conspiracy proper for the consideration of the jury was a conspiracy to defraud the People of __________________ (name of state) . 13. The Court erred in reading to the jury parts of the transcript of _____________________ (name of witness) 's testimony, after the jury interrupted its deliberations to request the reading of parts of that testimony. 14. The Court erred in instructing the jury that testimony of the witness, ____________________ (name of witness) , would be received on the assumption that it would be tied in with Defendant. 15. As a matter of law there was reasonable doubt as to Defendant's guilt. This Motion is based on the attached Memorandum of points and authorities, on all the files and records in this case, and any evidence that may be produced at the hearing. Respectfully submitted, _________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, ____________________ (Name of Attorney) , attorney for Defendant ________________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State: ________________________ (Name of Attorney) _____________________________ (Post Office Box No. or Street Address) ___________________________________ (City, State, Zip Code) This the ____ day of ________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) _____________________________ (Post Office Box or Street Address) __________________________ (City, State, Zip Code) Telephone: __________________ Notice of Motion for Judgment of Acquittal You are notified that on ___________________ ( date) , at __________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ________ of the _____________Court for ______________ County, ________________ (State) , at the _______________ (County) Courthouse at _________________ _________________________________________________ (street address, city, county, state, zip code) , Defendant _______________________ (Name of Defendant) , by and through his attorney, will bring on for hearing his Motion For Judgment of Acquittal for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ___________________ (Name of Attorney) ___________________________ (Post Office Box or Street Address) __________________________ (City, State, Zip Code) Telephone: _______________

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