In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled, nor, without the consent of the other, allowed to be called as a witness against the other except in the case of a prosecution for an offense committed by one against the other, or against the child, father, mother, sister or brother of either of them. The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by anyone.
Structure West Virginia Code
Chapter 57. Evidence and Witnesses
Article 3. Competency of Witnesses
§57-3-2. Competency of Husband and Wife to Testify
§57-3-3. Testimony of Husband and Wife in Criminal Cases
§57-3-4. Confidential Communications Between Husband and Wife
§57-3-5. Competency of Convicts as Witnesses
§57-3-6. Competency of Accused as Witness
§57-3-7. No Person Incompetent as Witness by Reason of Race or Color