West Virginia § 57-3-6 Competency of accused as witness

West Virginia Statutes

§ 57-3-6 — Competency of accused as witness

West Virginia § 57-3-6

Ch. 57EVIDENCE AND WITNESSES

Art. 3COMPETENCY OF WITNESSES

This text of West Virginia § 57-3-6 (Competency of accused as witness) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 57-3-6 (2026).

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.

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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.