19-2123. Advisory instruction to acquit. If, at any time after the evidence on either side is closed, the court deems it insufficient to warrant a conviction, it must advise the jury to acquit the defendant. But the jury are not bound by the advice.
[(19-2123) Cr. Prac. 1864, sec. 375, p. 258; R.S., R.C., & C.L., sec. 7877; C.S., sec. 8963; I.C.A., sec. 19-2023.]