(concurring specially).
I concur in the result and in all of the opinion except the next to the last paragraph in which it is held that a district court may not reserve decision on a motion for judgment of acquittal made at the close of the Government’s case. That holding seems to me correct in cases where the court is satisfied that the evidence is insufficient to sustain a conviction because Rule 29, Federal Rules of Criminal Procedure, contains a significant sentence not included in its counter*902part, Rule 50, Federal Rules of Civil Procedure,1 viz:
“ * * * The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses.” Rule 29(a) F.R.Crim.Proc.
Where, however, as in the instant case, the court thinks that the evidence is sufficient, it seems to me that it may properly reserve its decision for the same reasons that it may reserve such decision at the close of all the evidence.
I therefore concur specially.
. Compare also the following part of Buie 41(b), Federal Buies of Civil Procedure :
“ * * * After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on tbe ground that upon the facts and the law the plaintiff has shown no right to relief. In an action tried by the court without a jury the court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. * *