In prosecutions for misdemeanors, in cases not embraced in section nineteen of this article, if a capias be returned not found, after a summons is returned executed, or if the accused was admitted to bail and make default, the court may either award a new capias, or proceed to trial in the same manner as if the accused had appeared and pleaded not guilty.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 2. Presentments and Indictments
§62-2-1. Prosecutions to Be by Presentment or Indictment
§62-2-3. When Costs Assessed Against Prosecutor
§62-2-4. Indictment for Perjury; Admissibility of Certain Records, etc., as Evidence
§62-2-6. Indictment for Forgery
§62-2-7. Proof of Possession of or Title to Property
§62-2-8. Allegations of Intent to Injure, Cheat or Defraud
§62-2-9. Unnecessary Allegations May Be Omitted
§62-2-10. Defects Not Invalidating Indictment
§62-2-11. Defects Cured by Verdict
§62-2-13. Process, Capias and Summons in Criminal Cases
§62-2-14. Direction and Execution of Process; Several Writs Against Same Person
§62-2-15. Mailing of Process by Clerk to Officer
§62-2-16. Execution of Process Within State
§62-2-17. Delivery of Prisoner to Court, Magistrate or Jailer
§62-2-19. Prosecutions Relating to License Taxes, Offenses Against Public Policy, etc.
§62-2-20. Exceptions to Indictments Relating to License Taxes and Offenses Against Public Policy
§62-2-21. Second Capias or Trial After Summons in Misdemeanor Cases Not Covered in §62-2-19
§62-2-22. Discontinuance of Criminal Prosecution for Failure to Award Process or Enter Continuance
§62-2-23. Prosecutions Against Corporations; Effect of Failure of Corporation to Appear
§62-2-24. Joinder of Certain Counts
§62-2-25. Compromise or Suppression of Indictment or Presentment