§62-8-5. Prosecutions for offenses under this article.
Upon complaint in writing, under oath, presented to the
circuit court of Marshall county, or to the judge thereof in
vacation, that any convict in the penitentiary has committed an
offense punishable under sections one and two of this article,
proceedings may be had for such offense, either at a regular term
of the court, or at a special term, to be appointed by its order,
or by the warrant of the judge directed to the clerk of the court,
who shall give notice of such special term to the prosecuting
attorney and other officers of the court. The clerk shall issue
all necessary process; and a grand jury and a venire shall be
summoned to attend at the time appointed in such warrant, or at
such time as the court may direct. The judge of the said court,
when an indictment is found against the accused, shall issue a
warrant to the warden of the penitentiary to bring him before the
court, as well as any other persons confined in the penitentiary
who are required as witnesses on either side.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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