West Virginia Statutes

§ 58-4-18a — Writ of error to judgment quashing indictment

West Virginia·Ch. 58 APPEAL AND ERROR·Art. 4 APPEALS FROM COURTS OF RECORD OF LIMITED JURISDICTION
Notwithstanding anything hereinbefore contained in this article, whenever in any criminal case an indictment is held bad or insufficient by the judgment or order of any court of record of limited jurisdiction, the state, on the application of the Attorney General or the prosecuting attorney, may obtain a writ of error to secure a review of such judgment or order by the circuit court of the county in which such court of record of limited jurisdiction sits. No such writ of error shall be allowed unless the state presents its petition therefor to the circuit court, or a judge thereof, within thirty days after the entry of such judgment or order. No such judgment or order shall finally discharge, or have the effect of finally discharging, the accused from further proceedings on the indictment

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Legislative History

1969 Reg. Sess., SB108

Nearby Sections

15
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