An indictment for murder shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one:

Terms Used In West Virginia Code 62-9-3

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

That A ……………, on the ……… day of ………., nineteen ………………….., in the said county …………….., feloniously, wilfully, maliciously, deliberately and unlawfully did slay, kill and murder one B………………, against the peace and dignity of the state.

Upon the trial of such indictment the accused may be convicted of either murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, as the evidence may warrant.