When the prisoner is remanded, the execution of the judgment shall not be suspended by the writ of error, or suspended for the purpose of applying for one; but where he is ordered to be discharged, and the execution of the judgment to be suspended for the purpose of applying for a writ of error, the court or judge making such suspending order may, in its or his discretion, admit the prisoner to bail until the expiration of the time allowed for applying for the writ of error, or, in case the writ of error be allowed, until the decision of the Supreme Court of Appeals thereon is duly certified.
Structure West Virginia Code
Chapter 53. Extraordinary Remedies
§53-4-1. When and by Whom Writ Granted
§53-4-2. To Whom Writ Directed; Return of Writ
§53-4-3. Bond May Be Required of Petitioner
§53-4-5. Penalty for Disobeying Writ
§53-4-6. When Affidavits May Be Read as Evidence
§53-4-8. Facts Proved May Be Made Part of Record
§53-4-9. Powers of Judge in Vacation
§53-4-10. Judgment Conclusive; Exception
§53-4-11. Revision of Judgment by Supreme Court of Appeals
§53-4-12. Disposition of Prisoner and Proceedings Pending Writ of Error