A defendant was charged with manslaughter. at the preliminary hearing, the magistrate dismissed the charge on the grounds that the evidence was insufficient. the prosecutor then brought the case before a grand jury. after hearing the evidence presented by the prosecutor, the grand jury refused to return an indictment. the prosecutor waited a few months until a new grand jury had been impaneled and brought the case before that grand jury, which returned an indictment charging the defendant with manslaughter. the defendant moves to dismiss the indictment on double jeopardy grounds.
Should the motion be granted?
a. No, because jeopardy had not attached.
b. No, because there has been no conviction or acquittal.
c. Yes, because any proceedings after the preliminary hearing would violate double jeopardy.
d. Yes, because brining the case before the second grand jury was a violation of double jeopardy.
