W. Va. Code § 15-1E-44
Former jeopardy
West Virginia · West Virginia Code Chapter 15 — Public Safety · Status: effective
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- Citation
- W. Va. Code § 15-1E-44, Former jeopardy, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2365523
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Full text
(a) No person may, without his or her consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.