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.
Code 1950, § 19.1-264; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 16 - Evidence and Witnesses
§ 19.2-267.1. Authority of law-enforcement officer to issue summons to witness; failure to appear
§ 19.2-267.2. Response to subpoena for information stored in electronic format
§ 19.2-268. Right of accused to testify
§ 19.2-268.3. Admissibility of statements by children in certain cases
§ 19.2-269. Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)
§ 19.2-269.1. Inmates as witnesses in criminal cases
§ 19.2-269.2. Nondisclosure of addresses or telephone numbers of crime victims and witnesses
§ 19.2-270. When statement by accused as witness not received as evidence
§ 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions
§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant
§ 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order
§ 19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized
§ 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases
§ 19.2-270.5. DNA profile admissible in criminal proceeding
§ 19.2-271.1. Competency of spouses to testify
§ 19.2-271.4. Privileged communications by certain public safety personnel
§ 19.2-271.5. Protected information; newspersons engaged in journalism
§ 19.2-271.6. Evidence of defendant's mental condition admissible; notice to Commonwealth
§ 19.2-273. Certificate that witness is needed in another state; hearing
§ 19.2-274. When court to order witness to attend
§ 19.2-276. Penalty for failure to attend and testify
§ 19.2-277. Summoning witnesses in another state to testify in this Commonwealth
§ 19.2-279. Penalty for failure of such witnesses to testify
§ 19.2-280. Exemption of such witnesses from arrest or service of process