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WV Code § 62-3-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-3. Selection of Jury in Felony Cases; Striking Jurors; Alternate Jurors

In a case of felony, twenty jurors shall be drawn from those in attendance for the trial of the accused. If a sufficient number of jurors for such panel cannot be procured in this way, the court shall order others to be forthwith summoned and selected, until a panel of twenty jurors, free from exception, be completed, from which panel the accused may strike off six jurors and the prosecuting attorney may strike off two jurors. The prosecuting attorney shall first strike off two jurors, and then the accused six. If the accused failed to strike from such panel the number of jurors this section allows him to strike, the number not stricken off by him shall be stricken off by the prosecuting attorney, so as to reduce the panel to twelve, who shall compose the jury for the trial of the case.Whenever, in the opinion of the court the trial is likely to be a protracted one, the court may direct that not more than four jurors, in addition to the regular jury, be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impanelled, and two peremptory challenges if three or four alternate jurors are to be impanelled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by this section may not be used against an alternate juror.
WV Code § 62-3-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-4. Challenge of Jurors

No challenge of a juror other than that provided for in the preceding section shall be allowed the state or the accused, except for cause, and all challenges shall be tried by the court in which they are made.
WV Code § 62-3-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-6. Custody of Jury; Board and Lodging of Jurors; Conversation With Jurors

After a jury in a case of felony is impaneled and sworn, the court, in its discretion, may order the jury to be placed in the custody of the sheriff or other officer or officers designated by the court until the jury agree upon a verdict or are discharged by the court. While a jury is in the custody of the sheriff or other officer or officers as herein provided, they shall be furnished with suitable board and lodgings by the sheriff or other officer. After a jury has been impaneled no sheriff or other officer shall converse with, or permit anyone else to converse with, a juror unless by leave of the court. When the court orders a jury to be placed in the custody of the sheriff or other officer or officers, the court shall, in its discretion, determine the manner in which such jury shall be kept in custody by the sheriff or other officer or officers until the jury agree upon a verdict or are discharged by the court.
WV Code § 62-3-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-7. Filling Vacancy in Jury; Discharge of Jury

If a juror, after he is sworn, be unable, from any cause, to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place. And in any criminal case the court may discharge the jury, when it appears that they cannot agree in a verdict, or that there is manifest necessity for such discharge.
WV Code § 62-3-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-8. Jury for Defendants Indicted and Tried Jointly; Jury for Separate Trials of Persons Jointly Indicted

Persons indicted and tried jointly, for a felony, shall be allowed to strike from the panel of jurors not more than six thereof, and only such as they all agree upon shall be stricken therefrom; and if they cannot agree upon the names to be so stricken off, the prosecuting attorney shall strike therefrom a sufficient number of names to reduce the panel to twelve. If persons jointly indicted elect to be, or are, tried separately, the panel in the case of each shall be made up as provided in the third section of this article.
WV Code § 62-3-13 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-13. Change of Venue

A court may, on the petition of the accused and for good cause shown, order the venue of the trial of a criminal case in such court to be removed to some other county. When the venue is so changed, the court making the order shall recognize the witnesses and the accused (if the offense be bailable and bail be given) to appear on some certain day before the court to which the case is removed; if the offense be not bailable, or the bail required be not given, the court shall remand him to its own jail, and order its officer to remove him thence to the jail of the court to which the case is so removed, so that he shall be there before the day for the appearance of the witnesses. The clerk of the court that orders a change of venue shall certify copies of such recognizance, and of the record of the case, to the clerk of the court to which the case is removed; and such court shall proceed with the case as if the prosecution had been originally therein, and for that purpose the certified copies aforesaid shall be sufficient.
WV Code § 62-3-14 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-14. Conviction of Part of Offense Charged in Indictment

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.
WV Code § 62-3-15 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-15. Verdict and Sentence in Murder Cases

If a person indicted for murder be found by the jury guilty thereof, they shall in their verdict find whether he or she is guilty of murder of the first degree or second degree. If the person indicted for murder is found by the jury guilty thereof, and if the jury find in their verdict that he or she is guilty of murder of the first degree, or if a person indicted for murder pleads guilty of murder of the first degree, he or she shall be punished by imprisonment in the penitentiary for life, and he or she, notwithstanding the provisions of article twelve, chapter sixty-two of this code, shall not be eligible for parole: Provided, That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the provisions of said article twelve, except that, notwithstanding any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served fifteen years: Provided, however, That if the accused pleads guilty of murder of the first degree, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy, except that, notwithstanding any provision of said article twelve or any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served fifteen years.
WV Code § 62-3-16 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-16. Verdicts Jury May Find on Indictments for Homicide or Assault

On an indictment for felonious homicide, the jury may find the accused not guilty of the felony, but guilty of involuntary manslaughter. And on any indictment for maliciously shooting, stabbing, cutting, or wounding a person, or by any means causing him bodily injury, with intent to kill him the jury may find the accused not guilty of the offense charged, but guilty of maliciously doing such act with intent to maim, disfigure, or disable, or of unlawfully doing it, with intent to maim, disfigure, disable, or kill, such person.
WV Code § 62-3-17 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-17. Verdicts Jury May Find in Prosecution for Larceny

In a prosecution for grand larceny, if it be found that the thing stolen is of less value than $50, the jury may find the accused guilty of petit larceny, except in cases where it is otherwise provided; and in a prosecution for petit larceny, though the thing stolen be of the value of $50 or more, the jury may find the accused guilty; and in either case he shall be sentenced for petit larceny.
WV Code § 62-3-18 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-18. Conviction of Attempt on Trial for Felony; Effect of General Verdict of Not Guilty

On an indictment for felony, the jury may find the accused not guilty of the felony, but guilty of an attempt to commit such felony; and a general verdict of not guilty upon such indictment shall be a bar to a subsequent prosecution for an attempt to commit such felony.
WV Code § 62-3-19 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-19. Faulty Counts in Indictment

Where there are several counts in an indictment, and a general verdict of guilty is found, judgment shall be entered against the accused, if any count be good, though others be faulty. But on the trial, the court may, on motion of the accused, instruct the jury to disregard any count that is faulty.
WV Code § 62-3-20 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-20. Verdict and Judgment in Joint Trial

Where two or more persons are charged and tried jointly, the jury may render a verdict as to any of them as to whom they may agree; whereupon judgment shall be entered according to the verdict; and as to the others the case shall be tried by another jury.
WV Code § 62-3-21 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 3. Trial of Criminal Cases|§62-3-21. Discharge for Failure to Try Within Certain Time

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him without a trial, unless the failure to try him was caused by his insanity; or by the witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident; or by a continuance granted on the motion of the accused; or by reason of his escaping from jail, or failing to appear according to his recognizance, or of the inability of the jury to agree in their verdict; and every person charged with a misdemeanor before a justice of the peace, city police judge, or any other inferior tribunal, and who has therein been found guilty and has appealed his conviction of guilt and sentence to a court of record, shall be forever discharged from further prosecution for the offense set forth in the warrant against him if after his having appealed such conviction and sentence, there be three regular terms of such court without a trial, unless the failure to try him was for one of the causes hereinabove set forth relating to proceedings on indictment.
WV Code § 62-4-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-1. Fines to Accrue to State for Support of Free Schools, Unless Otherwise Provided

Unless otherwise expressly provided, or manifestly inconsistent with the intention of the Legislature, every fine or forfeiture imposed by or under an act of the Legislature shall be and accrue to the state for the support of the free schools, and shall be applied to such purpose pursuant to the fifth section of article XII of the Constitution.
WV Code § 62-4-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-2. Allowance to Informer or Person Prosecuting

Although a law may allow an informer or person prosecuting to have part of a fine, the whole thereof shall go to the state for the support of the free schools, unless the name of such informer or prosecutor be indorsed on or written at the foot of the presentment at the time it is made, or of the indictment before it is presented to the grand jury, or of the writ issued in the action, or the warrant, or the notice of the motion, before the service of such writ, warrant or notice.
WV Code § 62-4-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-3. Fine, Imprisonment, etc., to Be by Indictment, etc.; Exception

Where fine and imprisonment, or fine and any punishment is imposed by law, the proceeding shall be by indictment or presentment in the circuit court, or other court of record having jurisdiction in criminal cases, in the county wherein the offense was committed, unless otherwise specially provided.
WV Code § 62-4-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-4. Recovery of Fines Before Justice or in Court

Where a fine alone is imposed, if it be in a case mentioned in section one, article eighteen, chapter fifty of this code, it may be recovered upon warrant of a justice having jurisdiction; and whether so mentioned or not, it may be recovered by presentment or indictment in the circuit court, or other court of record having jurisdiction in criminal cases, in the county wherein the offense was committed.
WV Code § 62-4-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-5. Form of Proceedings

The proceedings in all cases shall be in the name of the state, unless otherwise specially provided. If before a justice, the proceedings shall be according to article eighteen, chapter fifty of this code.
WV Code § 62-4-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-6. Remission of Fines by Governor

Fines may be remitted by the Governor, subject to the provisions of sections sixteen and seventeen, article one, chapter five of this code.
WV Code § 62-4-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-7. Remission of Fines by Courts

No court shall remit any fine except for contempt, which the court during the same term may remit either wholly or in part. This section shall not impair the judicial power of the court to set aside a verdict or judgment, or to grant a new trial.
WV Code § 62-4-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-8. Duties of Prosecuting Attorney in Relation to Fines

It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court, or other court having jurisdiction thereof, as the case may be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the issuing of executions on judgments for fines rendered by such courts, and cause all delinquencies in relation to the service or return of such executions to be duly prosecuted. If judgment be rendered by the circuit or other court for a fine, whether with or without imprisonment, a docket fee of $10 for the prosecuting attorney's services, but payable into the county treasury, shall be taxed in the costs against the offender.
WV Code § 62-4-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-9. Capias Pro Fine; Release of Defendant on Bond

When a judgment for fine and costs is rendered by a circuit court, or other court of record having jurisdiction in criminal cases, the court may order a capias pro fine to be issued thereon at any time during the term at which the judgment is rendered, and if not such order be made, such capias shall be issued by the clerk of the court in vacation if he be ordered to do so by the prosecuting attorney. If the judgment of the court in such case be that the defendant be imprisoned and fined, or that he be fined and imprisoned until the fine and costs be paid, or if the defendant be imprisoned by virtue of such capias pro fine, in either event, the defendant may be released from such imprisonment, where he is detained for a failure to pay such fine and costs, only upon his giving bond with good security before the court, or before the clerk thereof in vacation, or before the sheriff of the county in which such judgment is rendered, payable to the State of West Virginia, for the payment of such fine and costs, at a time not exceeding twelve months after the date of such bond. If default be made in the payment of such bond, the same may be proceeded against to judgment and execution as if it were a forthcoming bond.
WV Code § 62-4-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-10. Discharge From Confinement; Allowances for Labor While Confined

Any person imprisoned for the purposes stated in the preceding section may be discharged from confinement at any time by the court wherein he was sentenced, and in no event shall his confinement, for failure to pay a fine and costs, exceed the term of six months. Any person confined in prison who is required to perform labor under the provisions of article fifteen, chapter seventeen of this code, shall be allowed, as a credit upon the fine and costs for which he is liable, the sum of $1.50 a day for each day he has so labored, and when the amount of such credits equals the amount of the fine and costs he shall be discharged from custody.
WV Code § 62-4-11 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-11. Fieri Facias for Collection of Fines

On every judgment for a fine rendered by a circuit court, or other court of record having jurisdiction in criminal cases, if no special order be made by the court or judge, the clerk of the court shall issue a writ of fieri facias immediately after the term at which such judgment was rendered. And unless paid in court, a payment to any person other than the officer who holds the execution shall not discharge the judgment.
WV Code § 62-4-15 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-15. Limitation Upon Collection of Fines

No prosecution by warrant for the recovery of a fine shall be commenced, unless it be done within one year after there was cause therefor, except in cases where a different limitation is prescribed by law.
WV Code § 62-4-16 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 4. Recovery of Fines in Criminal Cases|§62-4-16. Community Service Work May Be Substituted in Lieu of a Fine in Municipal Court and Magistrate Court; Immunity From Suit

(a) Notwithstanding any provision of this code to the contrary, a municipal judge or a magistrate may substitute, in lieu of the imposition of a sentence of incarceration or imposition of a fine, community service work for such incarceration or fine. Where community service work is ordered as a substitute on a sentence of incarceration, an eight-hour work day shall extinguish one day of any sentence of incarceration. The minimum wage established by the prevailing federal minimum wage in effect at the time sentencing is imposed shall be used to compute the amount of community service work necessary to extinguish the fine. In the discretion of the court, the sentence credits may run concurrently or consecutively. (b) Any community service ordered pursuant to the provisions of this section shall be performed for government entities or charitable or nonprofit entities.(c) Any person who is sentenced to court-ordered community service under this section by a municipal court shall be supervised by the chief of police, or his or her designee. Any person who is sentenced to court-ordered community service under this section by a magistrate shall be supervised by the sheriff or other person designated by the county commission.(d) Persons sentenced under the provisions of this section remain under the jurisdiction of the sentencing court. The court may withdraw the community service sentence at any time by order entered with or without notice and order a person previously sentenced to community service to serve the term of incarceration or to pay the fine available to the court upon the persons conviction: Provided, That any community service work performed before the community service sentence is withdrawn shall be credited against any term of incarceration or fine imposed.(e) This section does not create any additional cause of action for individuals who appear in municipal or magistrate court. Any person who participates in court-ordered community service is limited to the remedies contained in 29-12A-1 et seq. of this code, subject to any defenses, immunities, and limitations of liability contained therein.
WV Code § 62-5-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-1. Payment of Witnesses

Sections sixteen and seventeen of article one, and section sixteen of article two, chapter fifty-nine of this code shall apply to a person attending as a witness under a recognizance or summons in a criminal case whether the same be a felony or misdemeanor, as well as to a person attending under a summons in a civil case, except that in a criminal case, a person residing out of this state, who attends a court therein as a witness, shall be allowed by such court a proper compensation for attendance and travel to and from the place of his abode; the amount of the same to be fixed by such court. Such compensation and other allowances shall, in all criminal cases be paid out of the treasury of the state.
WV Code § 62-5-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 5. Costs in Criminal Cases|§62-5-2. Payment of Witness Fees and Other Legal Charges by Prosecutor

The sum to which a witness is entitled who attends for the state, and any other legal charges incurred in a case wherein there is a prosecutor, shall be paid by such prosecutor as if he were the plaintiff in the case, unless there be a judgment against the defendant, in which case the same shall be taxed in the costs and paid to the persons entitled thereto, by the sheriff or other officer who may receive the same.