No law, no body needed in murder trial

Updated: Tuesday, 02 Mar 2010, 11:49 PM EST
Published : Tuesday, 02 Mar 2010, 11:49 PM EST

* Kate Greene

TERRE HAUTE, Ind. (WTHI) - Brent England is on trial for the murder of Jack Berry Jr. of Terre Haute.

While it's unclear what the verdict will be for this case, one thing is clear it has been a controversial case.

You may have wondered how there can be a trial without the victims' body? However, News 10 found out there's no law stating otherwise.

It may be unusual for a murder case, but there's no law stating a body is required for a conviction.

It may be the first murder trial like this in Vigo County, but it's certainly not the only case the Hoosier state or the state of Illinois has seen.

Here's a breakdown of murder trials where no body was found before the trial.

According to author and federal homicide prosecutor Tad DiBiase, News 10 found five past murder trials in Indiana where the defendant was found guilty and two cases where the defendant was found not guilty.

In llinois, News 10 found 6 murder cases with no body.and all 6 defendants were convicted. One of those Illinois cases occurred in Clark County in the 1980s.

Prosecutor Terry Modesitt said there's no law that requires a body because it simply comes down to whatever evidence convinces the jury beyond a reasonable doubt.

"There aren't any definite requirements as far as what the evidence has to be or doesn't have to be to obtain a conviction," Vigo County Prosecutor Terry Modesitt said.

In fact, prior to October 2009, News 10 found 300 murder trials across the country where a body was never found and listen to this only 27 of those cases were dismissed, acquitted, or had the appeal reversed.

Posted by Thomas A. (Tad) DiBiase