[Gay State Conservative]

That's true, to an extent. For instance, whether the dead man was genuinely an intruder, or was invited in and then killed by the occupant, is a question of fact that is extremely relevant.

Unless I'm mistaken (and that's a real possibility) a judge presiding over a jury trial in a criminal case has the power to unilaterally declare a defendant not guilty or to dismiss the charges against said defendant due to what *he/she* believes to be insufficient evidence and has the power to do that at any point in the proceedings...even after a jury declares that defendant to be guilty.

I'll patient await any lawyer's post telling me that I'm full of beans.

[1rudeboy]

A judge can direct a verdict, true, but the decision is appealable. I'm not sure a judge can dismiss a case during proceedings for lack of evidence. Evidentiary rulings are appealable in any case.

[Tax-chick]

I don't know.