Section 1118 Of Chapter 2. The Trial From California Penal Code >> Title 7. >> Part 2. >> Chapter 2.
1118
. In a case tried by the court without a jury, a jury having
been waived, the court on motion of the defendant or on its own
motion shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading after the
evidence of the prosecution has been closed if the court, upon
weighing the evidence then before it, finds the defendant not guilty
of such offense or offenses. If such a motion for judgment of
acquittal at the close of the evidence offered by the prosecution is
not granted, the defendant may offer evidence without first having
reserved that right.