§62-2-10. Defects not invalidating indictment.
No indictment or other accusation shall be quashed or deemed
invalid for omitting to set forth that it is upon the oaths of the
jurors, or upon their oaths and affirmation; or for the insertion
of the words "upon their oath," instead of "upon their oaths"; or
for not in terms alleging that the offense was committed "within
the jurisdiction of the court," when the averments show that the
case is one of which the court has jurisdiction; or for the
omission or misstatement of the title, occupation, estate or degree
of the accused, or of the name or place of his residence; or for
omitting the words "with force and arms," or the statement of any
particular kind of force and arms; or for omitting to state, or
stating imperfectly, the time at which the offense was committed,
when time is not of the essence of the offense; or for failing to
allege the value of an instrument which caused death, or to allege
that it was of no value; or for omitting to charge the offense to
be "against the form of the statute," or statutes; or for the
omission or insertion of any other words of mere form or
surplusage. Nor shall it be abated for any misnomer of the
accused; but the court may, in case of misnomer appearing before or
in the course of a trial, forthwith cause the indictment or
accusation to be amended according to the fact.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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