§62-3-21. Discharge for failure to try within certain time.
Every person charged by presentment or indictment with a
felony or misdemeanor, and remanded to a court of competent
jurisdiction for trial, shall be forever discharged from
prosecution for the offense, if there be three regular terms of
such court, after the presentment is made or the indictment is
found against him, without a trial, unless the failure to try him
was caused by his insanity; or by the witnesses for the state being
enticed or kept away, or prevented from attending by sickness or
inevitable accident; or by a continuance granted on the motion of
the accused; or by reason of his escaping from jail, or failing to
appear according to his recognizance, or of the inability of the
jury to agree in their verdict; and every person charged with a
misdemeanor before a justice of the peace, city police judge, or
any other inferior tribunal, and who has therein been found guilty
and has appealed his conviction of guilt and sentence to a court of
record, shall be forever discharged from further prosecution for
the offense set forth in the warrant against him, if after his
having appealed such conviction and sentence, there be three
regular terms of such court without a trial, unless the failure to
try him was for one of the causes hereinabove set forth relating to
proceedings on indictment.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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