Demurrer to evidence

an exception taken by a party to the evidence offered by the opposite party, and an objecting to proceed further, on the allegation that such evidence is not sufficient in law to maintain the issue, and a reference to the court to determine the point.
- Bouvier.

See also: Demurrer

References in periodicals archive ?
'It is most respectfully submitted that the Memorandum of Authorities herein requested will clarify the position of the prosecution on the matter of the sufficiency of the allegations in the Information and will guide the Honorable Court as to whether or not the demurrer to evidence filed by accused Napoles should be granted,' the motion said.
In its ruling, the SC reversed the Sandiganbayan First Division's decision and granted Arroyo's demurrer to evidence which prayed for dismissal of the case on the ground of the prosecution's failure to identify the main plunderer.
The Sandiganbayan Sixth Division has denied the motion for leave to file demurrer to evidence of former Guian Mayor Annaliza Gonzales-Kwan of Eastern Samar, who is facing a graft charge in connection with the reportedly anomalous P2.1 million fire truck contract the municipality entered into back in 2007.
del Castillo, the Court granted the petition of Valencia seeking to set aside the the April 6, 2015 and September 10, 2015 resolutions of the anti-graft cout, the Sandiganbayan which denied his demurrer to evidence as far as his plunder case was concerned since the charge involved only P13.3 million which was below the P50 million threshold for plunder.
del Castillo granted the demurrer to evidence filed by Valencia in connection with the alleged misuse of PCSO's confidential and intelligence fund (CIF) from 2007 to 2010.
MANILA, Philippines - The Sandiganbayan Fifth Division has denied the separate motions for reconsideration filed by former National Irrigation Administration (NIA) Administrator Carlos Somblingo Salazar and his coaccused, Ricardo Khan Jr., who both earlier sought to file a demurrer to evidence.
The Sandiganbayan Fifth Division has denied the motions for reconsideration filed by former National Irrigation Administration (NIA) Administrator Carlos Somblingo Salazar and his co-accused, who wanted to file a demurrer to evidence to their graft charge and challenge the prosecution's evidence as weak.
"It is therefore apparent that in denying the petitioner's demurrer to evidence and ruling that there was sufficient evidence to hold him liable for malversation despite the lack of specific allegations of the factual details pertaining to the crime of malversation in the information, respondent Sandiganbayan is said to have gravely abused its discretion amounting to lack of jurisdiction," it stressed.
It is not a product of a search incidental to a lawful arrest, or a stop and frisk search, or the plain view doctrine,' Quezon City RTC Branch 100 Presiding Judge Editha Mina Aguba pointed out in granting the demurrer to evidence filed by the accused.
del Castillo, the SC granted the demurrer to evidence filed by Valencia, in connection with the alleged illegal and fraudulent release, withdrawal, and disbursement of PCSO's confidential and intelligence fund (CIF) from 2007 to 2010.
A demurrer to evidence is a document filed by the accused to contest evidence presented by the prosecution.
In a 70-page resolution promulgated on June 10, the court's Third Division granted Echiverri's demurrer to evidence "for lack of sufficient evidence.