John is tried for murdering his wife Marsha. A jury finds him not guilty. A year later police uncover new evidence that conclusively establishes John's guilt. Which of the following is a correct statement about this case?
A) John may be prosecuted and convicted of the murder since new evidence is available.
B) John may be retried for the murder of Marsha if the prosecutor can establish that John was responsible for initially hiding the new evidence from the police.
C) John may not be retried for the murder of Marsha but may be retried for manslaughter, a lesser included offense of murder.
D) John may not be retried for the murder of Marsha because of the Constitutional prohibition against double jeopardy.
D
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a. True b. False
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