There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 62. CRIMINAL PROCEDURE
ARTICLE 2. PRESENTMENTS AND INDICTMENTS.
§62-2-3 When costs assessed against prosecutor.
§62-2-3. When costs assessed against prosecutor.If any proceeding for an offense, had or moved at the instance of a prosecutor, be dismissed, or the accused discharged from the accusation, the court or justice before whom the proceeding is may give judgment against the prosecutor in favor of the accused for his costs.
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