When statement by accused as witness not received as evidence (§ 19.2-270)—Virginia Decoded

When statement by accused as witness not received as evidence

In a criminal prosecution, other than for perjury, or in an action on a penal statute, evidence shall not be given against the accused of any statement made by him as a witness upon a legal examination, in a criminal or civil action, unless such statement was made when examined as a witness in his own behalf.

History

Code 1950, § 19.1-267; 1960, c. 366; 1975, c. 495; 1988, c. 366.

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Court Decisions

Satcher v. Com. (SCV, 09/18/92)
. . . Unconstitutionality of Code § 19.2-270.5 . . .

O'Dell v. Commonwealth (SCV, 01/15/88)
. . . privilege against self-incrimination, but Code | 19.2-270 would have compelled the witness to . . .

Gosling v. Com. (COA, 03/24/92)
. . . of Code § 19.2-270 and the trial judge's authority to grant, sua sponte, Code § 19.2-270 . . .

Caprio v. Com. (SCV, 10/31/97)
. . . notified defense counsel and, invoking Code § 19.2-270.5, counsel objected to introduction of that . . .

Boney v. Com. (COA, 06/29/93)
. . . witness to testify contravenes Code § 19.2-270. . . .

Saunders v. Com. (COA, 02/04/86)
. . . if the Commonwealth fails to comply with Code § 19.2-270.1.[1] We hold that the trial court did not . . .

Cunningham v. Com. (COA, 05/20/86)
. . . all the evidence the trial court invoked Code § 19.2-270, called Clements as a court witness, and . . .

Lovitt v. Warden (SCV, 09/12/03)
. . . the date that Code §§ 19.2-270.4:1 and -327.1 became effective. Code § 19.2-270.4:1 provides, in . . .

Frazier v. Com. (COA, 04/29/03)
. . . Code § 19.2-270. We hold the prior testimony was inadmissible against appellant under Code § . . .

Clark v. Com. (SCV, 08/31/78)
. . . with their counsel as to the effect of Code § 19.2-270[1] and had agreed that whatever they said . . .

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