Can the Man Be Retried?

Each week I attempt to answer a question using only psychic powers. And we'll see how far it gets me with this weird book that's either an easy question or the most dastardly trick question and there's no in between. All right Thomas a man was charged with larceny of a coat from a barstool. The state produced a witness who testified that the man said before he took the coat. Gosh I'm so forgetful I must have left this here hours ago. It could easily have gone missing. Can the man be retried? A yes this retrial will not offend the federal constitution. B no under the federal constitution or retrial requires new evidence