Judge Schroeder said he had to allow it because the prosecutor followed proper procedure in submitting it to the court.
It is not inconceivable the prosecution could have introduced evidence the barrel of the rifle was 15.95 inches long, for example.
Judge Schroeder waited until the evidence was closed to make this determination.
So if you "properly submit something that is NOT TRUE the judge has to allow it?
Now I know why these people did not go into anything that requires math.
2+2=4 would have left them in tears.
Same judge excluded the curfew charge on the basis of insufficient evidence.
Did that after the prosecution closed its case. “prosecutors failed to present evidence that a curfew was in place on the night of the shooting incident.”
The state has the gun. It is in evidence. Understood that the barrel can be changed out, but as far as I know, the state has not alleged the firearm is illegal.
Weird ruling by the judge. Maybe a cynical move to get a lesser charge to the jury, and if the jury does convict, judge can reverse on motion post-verdict.