Legal Question in Criminal Law in South Carolina

Murder Charge

If a forensic pathologists rules a

death a suicide can the State still

charge Murder? If so....then an

Indictment has to have

documentation of the cause of

death..can they put that someone

killed them when it was ruled a

homicide?


Asked on 1/08/08, 2:26 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Murder Charge

An indictment is a finding by a Grand Jury that probable cause exists for a certain crime. Therefore, they would have to have some sort of evidence that there could have been a murder. It does not have to be conclusive evidence, just probable cause. If the State believe that the pathologist is incorrect and gets another pathologist to say it was murder, then that would be probable cause. What I don't understand is if you are referring to the County Coroner or not. Who does the pathologist your referring to work for?

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Answered on 1/08/08, 9:41 am


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