19.2-268 - Right of accused to testify. - Virginia Statutes

§ 19.2-268. Right of accused to testify.

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

(Code 1950, § 19.1-264; 1960, c. 366; 1975, c. 495.)