What is the test for appealing from a jury's verdict acquitting a defendant?

the finality of criminal judgments is so strong that an acquitted defendant may not be retried even though the acquittal was based upon an egregiously erroneous foundation. (Arizona v. Washington (1978) 434 U.S. 497, 503, 98 S.Ct. 824, 54 L.Ed.2d 717.) Consequently, the People cannot appeal from a jury's verdict acquitting a defendant, seeking a reversal in order to retry the defendant.³ This is justified on the ground that, however mistaken the acquittal may have been, there would be an unacceptably high risk that the Government, with its superior resources, would wear down a defendant, thereby enhancing the possibility that even though innocent he may be found guilty. (United States v. DiFrancesco (1980) 449 U.S. 117, 130, 101 S.Ct. 426, 66 L.Ed.2d 328.)