What is the test for a retrial on an attempted first degree murder charge?

If we were to determine that retrial is barred on attempted first degree murder because of double jeopardy, then the operation of section 1157 is to factually acquit on this greater offense. If defendant was factually acquitted of attempted first degree murder of the intended victim, such would be inconsistent with his conviction of first degree murder of the unintended victim based on transferred intent. The principle behind transferred intent is that the intent found for the unintended victim is equal to the intent formed against the intended victim. The intent transferred cannot be greater than the intent found for the intended victim. (See People v. Clayton (1967) 248 Cal.App.2d 345, 349-350, 56 Cal.Rptr. 413.) Thus application of double jeopardy here would have a dubious effect.