DOCUMENT 96
ELECTRONICALLY FILED
6/6/2017 5:08 PM
27-CC-2015-000164.00
CIRCUIT COURT OF
DALLAS COUNTY, ALABAMA
CHERYL STRONG RATCLIFF, CLERK

IN THE CIRCUIT COURT OF DALLAS COUNTY, ALABAMA
STATE OF ALABAMA,

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vs.

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CASE NUMBER: CC 2015 164

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JAMES HERROD,
Defendant.

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MOTION TO DISMISS INDICTMENT UPON SUGGESTION OF DEATH
COMES NOW, the State of Alabama in the above-styled action and files this motion to
dismiss the indictment. As grounds in support of said motion, the State of Alabama avers the
following:
1. The defendant, James Herrod, died on Friday, June 2, 2017; therefore, the State of
Alabama can no longer pursue the prosecution in this matter.

WHEREFORE, PREMISES CONSIDERED, the State of Alabama prays that this Honorable Court
enter an Order dismissing this Indictment.
This, the 6th day of June 2017
/s/Foster Fitzgerald Marshall
Foster Fitzgerald Marshall
Assistant District Attorney
Dallas County Courthouse
105 Lauderdale Street
Selma, AL 36701
(334) 874-2540

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 DOCUMENT 96

CERTIFICATE OF SERVICE
I, Foster Fitzgerald Marshall, hereby certify that on the 6th day of June 2017, a copy of the
foregoing has been delivered to the following via hand delivery, facsimile, electronic filing,
electronic mail or United States Postal Service:
Kyra L. Sparks, Esq.
P.O. Box 868
Selma, AL 36702
(334) 872-5896
Christmas Green-Williams, Esq.
P.O. Box 1025
Selma, AL 36702-1025

/s/Foster Fitzgerald Marshall
Foster Fitzgerald Marshall
Assistant District Attorney

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