§57-3-6. Competency of accused as witness.
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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session