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16-89-121. Facts charged do not constitute offense.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-89-121. Facts charged do not constitute offense.

16-89-121. Facts charged do not constitute offense. If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b).

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-89-121

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:16-89-121
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c2a1d67dff5f536b5edbdbe7150ed6ddfa4808add7dd05713018031c23b73123

Source location: content.xml paragraph 33083

Stored source content

16-89-121. Facts charged do not constitute offense. If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b).

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Arkansas Code — all titles (historical 2020) · legal_authorities

16-89-113. Evidence — Acquittal upon certain insufficient evidence.

16-89-113. Evidence — Acquittal upon certain insufficient evidence. (a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are bound. (b)(1) Where two (2) or more persons are included in the same indictment, and the court is of the opinion that the evidence in regard to a particular individual is not sufficient to put him or her on his or her defense, it must, on motion of either party desiring to use the defendant as a witness, order him or her to be discharged from the indictment and permit him or her to be examined by the party so moving. (2) The order is an acquittal of the defendant and a bar to another prosecution for the same offense.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-89-113

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-89-113. This identifies an authority to review, not proof of applicability.