There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 62. CRIMINAL PROCEDURE
ARTICLE 2. PRESENTMENTS AND INDICTMENTS.
§62-2-13 Process, capias and summons in criminal cases.
§62-2-13. Process, capias and summons in criminal cases.When an indictment or presentment is found or made, the court shall award process against the accused to answer to the same, if he be not in custody. Such process, if for a felony, may be a capias or a summons, at the discretion of the court; in all misdemeanor cases, it shall be, in the first instance, a summons, but if a summons be returned executed, or be returned not found, and the defendant does not appear, the court may award a capias.
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