CHAPTER 469

An Act to amend and reenact § 8-288, as amended, of the Code of Virginia,
relating to the testimony of husband and wife in criminal cases.

(S 3131
Approved March 31, 1960

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 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 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 * sixteen years of age or against
one charged with forgery of the name of the other, or uttering, or attempt-
ing to utter a writing bearing the allegedly forged signature of the other,
each shall be a competent witness except as to privileged communications.