§58-5-30. Appeal by state of judgment quashing indictment.
Whenever in any criminal case an indictment is held bad or
insufficient by the judgment of a circuit court, the state, on the
application of the attorney general or the prosecuting attorney,
may appeal such judgment to the supreme court of appeals. No such
appeal shall be allowed unless the state presents its petition
therefor to the supreme court of appeals within thirty days after
the entry of such judgment. No such judgment 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 file a petition for appeal
with the clerk of the court in which judgment was entered; but
after 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 supreme court of appeals.
Except as herein otherwise provided, all the provisions of the
other sections of this article shall, so far as appropriate, be
applicable to a petition for an appeal under this section, and to
all subsequent proceedings thereon in the supreme court of appeals
in case such appeal is granted.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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