On an indictment for felony, the jury may find the accused not guilty of the felony, but guilty of an attempt to commit such felony; and a general verdict of not guilty upon such indictment shall be a bar to a subsequent prosecution for an attempt to commit such felony.
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