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This is a good example of circumstantial evidence; this is basically when the evidence is just a matter of "in the wrong place at the wrong time". If there was little other evidence besides it a prosecution would find it very difficult to get a trial, much less a conviction.

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Q: If a gun was involved in a homicide and someone that didn't do the murder has it and get found with it can they be charged for murder?
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Depending on the circumstances, you may be charged criminally for murder or another homicide crime.


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