Upon complaint in writing, under oath, presented to the circuit court of Marshall county, or to the judge thereof in vacation, that any convict in the penitentiary has committed an offense punishable under sections one and two of this article, proceedings may be had for such offense, either at a regular term of the court, or at a special term, to be appointed by its order, or by the warrant of the judge directed to the clerk of the court, who shall give notice of such special term to the prosecuting attorney and other officers of the court. The clerk shall issue all necessary process; and a grand jury and a venire shall be summoned to attend at the time appointed in such warrant, or at such time as the court may direct. The judge of the said court, when an indictment is found against the accused, shall issue a warrant to the warden of the penitentiary to bring him before the court, as well as any other persons confined in the penitentiary who are required as witnesses on either side.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 8. Crimes by and Proceedings Against Inmates
§62-8-1. Offenses by Inmates; Conspiracy
§62-8-3. Venue of Trials of Convicts
§62-8-4. Procedure in Sentencing Inmates to Further Confinement for Second and Third Offenses
§62-8-5. Prosecutions for Offenses Under This Article
§62-8-6. Convicts Competent as Witnesses; Proceedings, etc., as in Other Cases
§62-8-7. Court Costs Incurred in Prosecution of Convicts
§62-8-8. Orders and Warrants for Arrest of Inmates; Authorization to Obtain Arrest Warrants