If a person indicted for a felony be by the jury acquitted of part and convicted of part of the offense charged, he shall be sentenced by the court for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor.
W. Va. Code § 62-3-14
Conviction of part of offense charged in indictment
Applied in 2 court decisions — leading case 64 Va. App. 282 - Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia (2015)
Most recently applied in State of West Virginia v. Darius Henning (November 2016)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.