Right of accused to testify (§ 19.2-268)—Virginia Decoded

Right of accused to testify

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.

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Court Decisions

Quintana v. Com. (SCV, 09/09/82)
. . . his rights under the Fifth Amendment and Code § 19.2-268.[5] We see nothing in the remarks to . . .

Sadoski v. Com. (SCV, 04/20/79)
. . . accused the number of his felony convictions. . . .

Spruill v. Com. (SCV, 10/10/80)
. . . prior inconsistent statements," citing Code § 19.2-268.1 which provides for contradiction of a . . .

Edwards v. Com. (COA, 02/07/95)
. . . transcript. The Commonwealth contends that Code § 19.2-268.1[1] applies and that therefore . . .

Lincoln v. Commonwealth (SCV, 10/08/76)
. . . Commonwealth's Attorney is proscribed by Code | 19.2-268. [1] In support of this argument the . . .

Hines v. Commonwealth (SCV, 04/22/77)
. . . is entitled to consider." . . .

Newton v. Com. (COA, 04/06/99)
. . . material. . . .

Smith v. Com. (COA, 12/22/92)
. . . it may think best. . . .

Wilson v. Com. (COA, 07/12/05)
. . . recent complaint" within the meaning of Code § 19.2-268.2. For the reasons that follow, we disagree . . .

Dunn v. Com. (SCV, 12/04/81)
. . . points to the prohibition contained in Code § 19.2-268[*] and, relying upon Banovitch v. . . .

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