Armington, while robbing a drugstore, shot and seriously injured a drugstore clerk, Jennings. Subsequently, in a criminal trial, Armington was convicted of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct? Explain.