Smith v. Massachusetts
United States Supreme Court
543 U.S. 462 (2005)
After the trial judge granted Smith's (defendant) motion for a required finding of not guilty on a firearm count for insufficient evidence, without informing the jury, the defense presented its case; only afterward did the prosecutor tell the judge about precedent supporting the firearm charge, and the judge reversed course, let the count go to the jury, and Smith was convicted on all three counts, receiving a 10-to-12-year sentence on the firearm count specifically.
Whether a midtrial dismissal of one count of an indictment represents a final acquittal if the defense has already started its presentation and unless the availability of reconsideration has plainly been established by rule or case-law authority.