CHAPTER 231

AN ACT to amend and reenact § 8-288, as amended, of the Code of Vir-
ginia, relating to the testimony of husband and wife in criminal cases.

{H 2]
Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 8-288, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 8-288. 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 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 com-
mitted by one against the other or against a minor child of either
and except in the case either is charged with forgery of the name of
the other or uttering or attempting to utter a writing bearing the
allegedly forged signature of the other; but if either be called and
examined in any case as a witness in behalf of the other, the one so ex-
amined 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 hus-
band 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
* any attorney. In the prosecution for a criminal offense committed by one
against the other or against a minor child of either not over twelve years
of age or against one charged with forgery of the name of the other, or
uttering, or attempting to utter a writing bearing the allegedly forged
signature of the other, each shall be a competent witness except as to
privileged communications.