An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
W. Va. Code § 15-1E-79
Conviction of lesser included offense
Known as the Uniform State Code
The act spans §§ 15-1E-1 to 15-1E-99 (156 sections).
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.