§53-4-12. Disposition of prisoner and proceedings pending writ of
When the prisoner is remanded, the execution of the judgment
shall not be suspended by the writ of error, or suspended for the
purpose of applying for one; but where he is ordered to be
discharged, and the execution of the judgment to be suspended for
the purpose of applying for a writ of error, the court or judge
making such suspending order may, in its or his discretion, admit
the prisoner to bail until the expiration of the time allowed for
applying for the writ of error, or, in case the writ of error be
allowed, until the decision of the supreme court of appeals thereon
is duly certified.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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