West Virginia Code § 58-4-18a

Writ of error to judgment quashing indictment
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Notwithstanding anything hereinbefore contained in this article, whenever in any criminal
case an indictment is held bad or insufficient by the judgment or order of any court of record
of limited jurisdiction, the state, on the application of the Attorney General or the
prosecuting attorney, may obtain a writ of error to secure a review of such judgment or
order by the circuit court of the county in which such court of record of limieted jurisdiction
sits. No such writ of error shall be allowed unless the state presents its petition therefor to
the circuit court, or a judge thereof, within thirty days after the entry orf such judgment or
order. No such judgment or order shall finally discharge, or have the effect of finally
discharging, the accused from further proceedings on the indictment unless the state fails,
within such period of thirty days, to apply for such writ of error, or fails to obtain such writ
of error upon an application made within such period; but aftter the entry of such judgment
or order the accused shall not be kept in custody or required to give bail pending the
hearing and determination of the case by the circuit court, or by the Supreme Court of
Appeals if a writ of error is thereafter sought with respect to the decision of the circuit court.
If, upon the allowance of any such writ of error, process from the circuit court (or the
Supreme Court of Appeals in the event of further judicial review as aforesaid) cannot for any
reason be served personally upon the accused, service may be had by filing a copy thereof in
the clerk's office of the court of record of limited jurisdiction which entered such judgment
or order (or the circuit court if further judicial review is had as aforesaid). Every such writ of
error shall be heard and determined as speedily as possible. If the judgment is reversed and
the indictment is held to be goeod and sufficient for a trial of the accused thereon, the case
shall be remanded to the court of record of limited jurisdiction in which the indictment was
found, in order that suchL trial may be had.
Except as herein oth erwise provided, all of the provisions of the other sections of this article
shall, so far as appropriate, be applicable to a petition for a writ of error under this section,
and to all subsequent proceedings thereon in case such writ of error is allowed or granted.

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