W. Va. Code § 57-3-6
Competency of accused as witness
West Virginia · West Virginia Code Chapter 57 — Evidence and Witnesses · Status: effective
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- Citation
- W. Va. Code § 57-3-6, Competency of accused as witness, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2391586
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Full text
In any trial or examination in or before any court or officer for a felony or misdemeanor, the accused shall, with his consent (but not otherwise) be a competent witness on such trial or examination; and if he so voluntarily becomes a witness he shall, as to all matters relevant to the issue, 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 anyone.