West Virginia Code 62-9-1 – General form of indictments
All indictments in this state, if procured, found and returned in all other respects as provided by law, shall be sufficient if in the following form:
Terms Used In West Virginia Code 62-9-1
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
State of West Virginia, County of ……………, to wit:
The grand jurors of the State of West Virginia, in and for the body of the county of ………….., upon their oaths present that A…………., on the ……… day of ………, 19 ….., in the said county of ……………, did unlawfully (or unlawfully and feloniously, as the case may be) (here describe the offense in the language, purport or tenor of the statute as near as may be), against the peace and dignity of the state.
Found upon the testimony of ……………., duly sworn in open court to testify the truth and sent before the grand jury this the ………. day of ……….., 19 …..
(Signed)
prosecuting attorney.
Said indictment shall have legibly indorsed on the reverse side thereof the words "State of West Virginia versus ………..Indictment for a ……………. (Felony or Misdemeanor, as the case may be).
Foreman of the Grand Jury
Attest:, prosecuting attorney of
……………………, county, West Virginia."
Of such indictment a true and complete record shall be made and kept by the clerk of the court in which the indictment is found and returned, and it shall be necessary to state thereon whether such indictment be for a felony or a misdemeanor.