CHAPTER 381

AN ACT to amend and reenact § 8-288 of the Code of 1950, relating
to testimony of husband and wife in criminal cases.
[H 486]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 8-288 of the Code of 1950 be amended and reenacted as
follows:

§ 8-288. Testimony of husband and wife in criminal cases.—
In criminal cases husband and wife shall be allowed, and, subject
to the rules of evidence governing other witnesses, may be com-
pelled to testify in behalf of each other, but neither shall be com-
pelled, 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 a
minor child of either; but if either be called: and examined in any
case as a witness in behalf of the other, the one so examined shall
be deemed competent, and, subject to the exception stated in the
next section, may be compelled to testify against the other under
the same rules of evidence governing other witnesses. The failure
of either husband or wife to testify, however, shall create no pre
‘HS. 381, 382, 383] ACTS OF ASSEMBLY 665

umption against the accused, nor be the subject of any comment
efore the court or jury by the prosecuting attorney. In the prose-
ution for a criminal offense committed by one against the other
r against a minor child of either not over twelve years of age each
hall be a competent witness except as to privileged communica-
jons,