State v. Barrows

After discussion, the judge granted Smith's motion, finding the prosecution did not provide any evidence proving one of the elements of the firearm-possession charge. Smith , 543 U.S. at 465, 125 S.Ct. at 1132. Smith's co-defendant then presented evidence from one witness and both defendants rested. Before closing arguments, the trial judge, at the prosecutor's request, reversed her previous ruling and allowed the firearm-possession charge to go to the jury. Smith , 543 U.S. at 465, 125 S.Ct. at 1133. The jury convicted Smith of all three counts. Smith , 543 U.S. at 466, 125 S.Ct. at 1133.…