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WEST VIRGINIA CODE
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WVC 62-2-3 §62-2-3. When costs assessed against prosecutor.
If any proceeding for an offense, had or moved at the instance of a prosecutor, be dismissed, or the accused discharged from the accusation, the court or justice before whom the proceeding is may give judgment against the prosecutor in favor of the accused for his costs.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
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