Not sure her rejection of a motion to dismiss would be a reversible error. The charge of 2nd degree murder also incorporates lesser offenses, no? I could see her issue a ruling where 2nd degree would be off the table as not proved but that the trial should continue so the jury could consider lesser included charges. IANL
I think it’s reversible error because the paucity of state’s evidence and the burden of proof. I’d have to dig through my pile of related precedents where a guilty verdict was reversed because the judge should have granted a motion for judgment of acquittal, but I know that happens, and based on paucity of evidence. There being no way a jury could apply the evidence to the instructions, and conclude guilt.