Alabama Code Rules of Criminal Procedure RCRP Rule 20.2

(a) TIME FOR MAKING MOTION. At the close of the state's evidence and/or at the close of all the evidence, the defendant may make a motion for judgment of acquittal.

(b) DECISION ON MOTION. If the motion for judgment of acquittal is made after the close of the state's evidence, the court shall rule on the motion before calling on the defendant to present his evidence. If the motion is made at the close of all the evidence in a jury case, the court shall rule on the motion before permitting argument or charging the jury;  if it is not ruled on at that time, it is deemed denied. In a non-jury case, if the motion is not ruled on before the submission of the case for decision, the motion is deemed denied.

(c) EFFECT OF MOTION. A defendant whose motion for judgment of acquittal at the close of the state's evidence is denied may offer evidence without having reserved the right to do so, to the same extent as if no such motion had been made. The making of a motion for judgment of acquittal is not a waiver of trial by jury. An order granting a motion for judgment of acquittal is effective without the assent of the jury.