Chaven was arrested in the city of Briggs, which is located in the state of Riverfront. He was charged with possession of illegal narcotics and placed on trial in the municipal court of Briggs. Chaven demanded a jury trial, which was duly granted. After the jury had been sworn, selected, and impaneled, Chaven's attorney, Fenway, filed a motion with the presiding judge praying for a dismissal based on a technical error in the bill of information drawn up by the city prosecutor. No witnesses had yet been sworn at the time Fenway filed the motion. The judge ordered an immediate recess while he considered the motion. Two days later he ruled in favor of defendant Chaven and dismissed the charges against him. A week later a state grand jury indicted Chaven for possession of illegal narcotics with intention to distribute same. The charges arose out of the same incident and arrest described above. Chaven was ordered to appear in the superior court of the state of Riverfront to answer the charges. Fenway immediately filed a motion on Chaven's behalf asserting that it would be unconstitutional to retry Chaven in the state court. The best argument against granting the motion is which of the following?
A. The city of Briggs and the state of Riverfront are separate sovereigns.
B. The state charge requires the proving of a fact not required by the municipal charge.
C. Chaven's trial in municipal court had not yet reached the stage where jeopardy attaches.
D. The dismissal of the case in municipal court was based on a technicality that did not go to the merits of the case.
Choose A, B, C or D as your solution.
D