There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 62. CRIMINAL PROCEDURE
ARTICLE 2. PRESENTMENTS AND INDICTMENTS.
§62-2-21. Second capias or trial after summons in misdemeanor cases not covered in §62-2-19.
§62-2-21. Second capias or trial after summons in misdemeanor
cases not covered in §62-2-19.In prosecutions for misdemeanors, in cases not embraced in section nineteen of this article, if a capias be returned not found, after a summons is returned executed, or if the accused was admitted to bail and make default, the court may either award a new capias, or proceed to trial in the same manner as if the accused had appeared and pleaded not guilty.
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