Circuit Judge Jimmy McClure has nullified the recent criminal indictment of an Oakland man by a Tallahatchie County grand jury after the emergence of a missing court document.
The judge’s July 27 order to dismiss indicates that Marty Dale King, 53, should never have been charged with possession of a firearm (a .22 rifle) by a convicted felon on May 27, 2022.
McClure noted that the underlying felony conviction record on which the recent charge and indictment were based was legally expunged on May 27, 2020.
McClure explained, however, that the 2020 expungement order was not entered in the criminal court file.
The district attorney’s office made the motion to have the matter dismissed.