Miss. R. Crim. P. 21
Comment
Rule 21 follows common-law practice for a motion for directed verdict. A motion for directed verdict goes to the sufficiency of the evidence. See McClain v. State, 625 So. 2d 774, 778 (Miss. 1993). All evidence introduced by the State, together with any reasonable inferences that may be drawn therefrom, is accepted as true. See Davis v. State, 530 So. 2d 694, 703 (Miss. 1988). The "critical inquiry" involves "whether the evidence shows 'beyond a reasonable doubt that [the] accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.'" Bush v. State, 895 So. 2d 836, 843 (Miss. 2005) (quoting Carr v. State, 208 So. 2d 886, 889 (Miss. 1968)). To preserve the issue for appeal, the defendant must move for directed verdict at the close of the prosecution's casein-chief. See Page v. State, 990 So. 2d 760, 762 (Miss. 2008). "If a motion for directed verdict is denied and the defendant introduces evidence on his own behalf, the defendant must renew his motion for directed verdict at the close of all evidence." Id. Failure to do so waives the issue on appeal. See Seales v. State, 90 So. 3d 37 (Miss. 2012).