West Virginia Code § 15-1E-44

Former jeopardy
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(a) No person may, without his or her consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any
charge or specification is a trial in the sense of this section until the finding of guilty has
become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed
or terminated by the convening authority or on motion of the prosecution for failure of
available evidence or witnesses without any fault of the accused uis a trial in the sense of this
article.

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