Donald was arrested in Marilyn's apartment after her neighbors had reported sounds of a struggle and the police had arrived to find Donald bent over Marilyn's prostrate body. Marilyn was rushed to the hospital where she lapsed into a coma. Despite the explanation that he was trying to revive Marilyn after she suddenly collapsed, Donald was charged with attempted rape and assault after a neighbor informed the police that she had heard Marilyn sobbing, "No, please no, let me alone." At trial, the forensic evidence was inconclusive. The jury acquitted Donald of attempted rape but convicted him of assault. While he was serving his sentence for assault, Marilyn, who had never recovered from the coma, died. Donald was then indicted and tried on a charge of felony murder. In this common-law jurisdiction, there is no statute that prevents a prosecutor from proceeding in this manner, but Donald argued that a second trial for felony murder after his original trial for attempted rape and assault would violate the double jeopardy clause. His claim is 
correct, because he was acquitted of the attempted rape charge.  correct, because he was convicted of the assault charge.  incorrect, because Marilyn had not died at the time of the first trial and he was not placed in jeopardy for murder.  incorrect, because he was convicted of the assault charge. 