If a person indicted for a felony be by the jury acquitted of part and convicted of part of the offense charged, he shall be sentenced by the court for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 3. Trial of Criminal Cases
§62-3-2. Presence of Accused During Trial; Arraignment; Plea
§62-3-3. Selection of Jury in Felony Cases; Striking Jurors; Alternate Jurors
§62-3-6. Custody of Jury; Board and Lodging of Jurors; Conversation With Jurors
§62-3-7. Filling Vacancy in Jury; Discharge of Jury
§62-3-14. Conviction of Part of Offense Charged in Indictment
§62-3-15. Verdict and Sentence in Murder Cases
§62-3-16. Verdicts Jury May Find on Indictments for Homicide or Assault
§62-3-17. Verdicts Jury May Find in Prosecution for Larceny
§62-3-18. Conviction of Attempt on Trial for Felony; Effect of General Verdict of Not Guilty
§62-3-19. Faulty Counts in Indictment