Aerojoe
Practically Family
- Messages
- 587
- Location
- Basque Country
Bartender edit: while the Lounge as a corporation is only subject to US law, we'll refrain from speculation about the identity of the alleged thief.
Harp,
AFAIK, JNOV is only available in CIVIL matters, i.e. NOT criminal cases. At least not in NJ, where I practice.
JNOV similar to Rule 50(b) FRCP, 28 U.S.C.
Ex parte United States, 101 F. 2d 870(C.C.A.7th)
Affirmed
United States vs Stone, 308 U.S. 519
Many states have a rule in criminal cases that allows the trial judge to give a directed verdict before the jury gets the case. It is sometimes referred to as a Judgment of Acquittal. There is also a rule that allows judges to sit as the 13th juror, set aside the jury verdict and enter a finding of not guilty, after the jury has returned a verdict of guilty. I believe, but I'm not certain, that the majority of states follow this practice.
But we are getting far afield from the original post.
Bartender edit: while the Lounge as a corporation is only subject to US law, we'll refrain from speculation about the identity of the alleged thief.
Just to be clear, this is now officially an active case, and as such be careful what is posted in relation to it. Scots law prohibits the public identification of plaintiffs, or other details that could compromise the prosecution's case, prior to trial.