Section 26.4 Grounds for Granting

• Library: Criminal Practice 2012 Supp

C. (§26.4) Grounds for Granting

The trial court must grant the motion “if the evidence is insufficient to sustain a conviction of such offense or offenses.” Rule 27.07(a). In reaching this question, the court will:

resolve all evidentiary conflicts and questions of credibility in the state’s favor;

ignore all evidence favorable to the defense; and

assess whether the evidence, so construed, would permit a reasonable jury to convict the defendant.

State v. Thomas, 529 S.W.2d 379, 383 (Mo. 1975); State v....