Motion: acquittal

📄 Motion: acquittal — Friday, September 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\22\MOTION-ACQUITTAL.DOC

TRIAL

▲ Day 160 of 167

◀ Exhibits and scheduling Jurors brought in ▶

Date: Friday, September 22, 1995 • Utterances: 5

Cochran made a standard motion for judgment of acquittal under Penal Code section 1181 at the close of the defense case. The prosecution submitted without argument, and Judge Ito denied the motion in a single sentence. The entire exchange took about 30 seconds.

# 1 THE COURT:

All right. Anything else before we invite the jurors to join us? I'm sorry, Mr. Cochran, you wanted to make an 1181 motion I thought.

# 2 MR. COCHRAN:

Yes, your Honor. I would just briefly move for a judgment of acquittal pursuant to 1181 of the penal code and submit it.

KEY QUOTE

# 3 THE COURT:

Miss Clark?

# 4 MS. CLARK:

Submit.

# 5 THE COURT:

All right. The motion will be denied. All right. Deputy Smith, let's have the jurors, please.

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

I would just briefly move for a judgment of acquittal pursuant to 1181 of the penal code and submit it.

Perfunctory defense motion required to preserve appellate rights — no substantive argument made.

Marcia Clark

Submit.

Prosecution declined to argue against the motion, confident in denial.

Objections

None recorded

Proceeding 7806 • 5 utterances

Criminal Trial

Department 103