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W. Va. Code § 62-9-1

General form of indictments

Applied in 9 court decisions — leading case 166 W. Va. 743 - State Ex Rel. Skinner v. Dostert (1981)

Most recently applied in 239 W. Va. 515 - State of West Virginia v. Chaz A. Simmons (June 2017)

How often courts cite this section

1981199020002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

All indictments in this state, if procured, found and returned in all other respects as provided by law, shall be sufficient if in the following form:

State of West Virginia, County of..............., to wit:

The grand jurors of the State of West Virginia, in and for the body of the county of.............., upon their oaths present that A............., on the......... day of........., 19....., in the said county of..............., did unlawfully (or unlawfully and feloniously, as the case may be) (here describe the offense in the language, purport or tenor of the statute as near as may be), against the peace and dignity of the state.

Found upon the testimony of................, duly sworn in open court to testify the truth and sent before the grand jury this the.......... day of..........., 19.....

(Signed)

prosecuting attorney.

Said indictment shall have legibly indorsed on the reverse side thereof the words "State of West Virginia versus...........Indictment for a................ (Felony or Misdemeanor, as the case may be).

Foreman of the Grand Jury

Attest:, prosecuting attorney of

........................, county, West Virginia."

Of such indictment a true and complete record shall be made and kept by the clerk of the court in which the indictment is found and returned, and it shall be necessary to state thereon whether such indictment be for a felony or a misdemeanor.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.