Legal question about arrest for murder

ElisabethF

Super Member
Registered
Joined
Feb 23, 2011
Messages
160
Reaction score
5
Location
United States
I'm trying to iron out the plot of a mystery, and I need to be clear on one basic thing before I go on. Here's the situation: there's been a murder, there's a suspect. Say that the suspect has inherited the victim's considerable property, victim & suspect were known to be on bad terms with each other, and there is no way to prove where they were at the time of the murder aside from their own testimony. Is this enough to have the suspect arrested for murder, or is more concrete evidence needed?

Oh, and this takes place around 1930, if it makes any difference.
 

sonyablue

Super Member
Registered
Joined
Apr 11, 2011
Messages
437
Reaction score
55
Website
unusualincident.wordpress.com
I don't know anything about the 1930s, but I would say based on that, it's highly doubtful that a judge would issue an arrest warrant just based on that evidence.
 

jclarkdawe

Feeling lucky, Query?
Super Member
Registered
Joined
Jan 18, 2007
Messages
10,297
Reaction score
3,859
Location
New Hampshire
Lots of heirs aren't liked by the decedent. Unless there is something a lot more active than this, no, a judge would not issue a warrant. A judge would need to have reasonable cause to believe that the heir killed the decedent. In addition, you'd need to have reasonable cause that the person died from murder.

However, in the 1930s, outside influences could definitely be brought to bear. Money and power could influence a judge.

Best of luck,

Jim Clark-Dawe
 

jaksen

Caped Codder
Super Member
Registered
Joined
Sep 6, 2010
Messages
5,117
Reaction score
526
Location
In MA, USA, across from a 17th century cemetery
When you say 'bad terms' do you mean they've had clashes? Arguments? Fights? Threatening one another?

If the deceased had a 'violent' argument with the 'suspect' or if the suspect has said: 'I wish you were dead!' (Or similar.) And if there were witnesses to these arguments, a judge might issue an arrest warrant.

There's been a similar case in a town near where I live. An arrest warrant was issued on the basis of threats made by one person to another. The person threatened was killed.
 

MarkEsq

Clever title pending.
Super Member
Registered
Joined
Feb 26, 2005
Messages
3,711
Reaction score
1,139
Age
56
Location
In the wilds of Texas. Actually, the liberal oasi
As a practicing prosecutor, I can tell you that Jim is right. Nowadays, there's no way an arrest warrant would issue for that evidence. In the '30s? I'm not that old, so who knows. :)
As Jaksen said, if the "bad terms" included a screaming row with the suspect saying, "I'm gonna kill you" then it's closer but even then, I'd say not enough.