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WEST VIRGINIA CODE

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WVC 62-3-14 §62-3-14. Conviction of part of offense charged in indictment.
If a person indicted for a felony be by the jury acquitted of part and convicted of part of the offense charged, he shall be sentenced by the court for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor.

Note: WV Code updated with legislation passed through the 2012 1st Special Session