§62-2-12. Discharge of imprisoned person upon failure to indict
within certain time; person not indicted by reason of
A person in jail, on a criminal charge, shall be discharged
from imprisonment if he be not indicted before the end of the
second term of the court, at which he is held to answer, unless it
appear to the court that material witnesses for the state have been
enticed or kept away, or are prevented from attendance by sickness
or inevitable accident, and except also that, when a person in
jail, on a charge of having committed an indictable offense, is not
indicted by reason of his insanity at the time of committing the
act, the grand jury shall certify that fact to the court; whereupon
the court may order him to be sent to a state hospital for the
insane, or to be discharged.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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