CODE OF VIRGINIA

RIGHT OF ACCUSED TO TESTIFY (§ 19.2-268)

In any case of felony or misdemeanor, the accused may be sworn and examined in
his own behalf, and if so sworn and examined, he shall be deemed to have waived
his privilege of not giving evidence against himself, and shall be subject to
cross-examination as any other witness; but his failure to testify shall create
no presumption against him, nor be the subject of any comment before the court
or jury by the prosecuting attorney.

HISTORY: Code 1950, § 19.1-264; 1960, c. 366; 1975, c. 495.