Va. Code » Title 19.2. Criminal Procedure » Chapter 16. Evidence and Witnesses » Article 1. In General
Virginia Code

Va. Code Ann. § 19.2-271.1 (2026)

Competency of spouses to testify

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Persons married to each other shall be competent witnesses to testify for or against each other in criminal cases, except as otherwise provided.

Code 1950, § 8-287; 1977, c. 624; 2020, c. 900.

Notes of Decisions
Cited in 5 cases, 1982–2005 · leading case: Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005).
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Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005). · cites it 2× “Of course, this does not mean that the many cases construing Virginia’s other recidivist statutes are entirely inapplicable. The General Assembly may certainly be said to have been aware of the construction and effect given to prior recidivist statutes when it enacted Code § 19.”
Livingston v. Commonwealth, 466 S.E.2d 757 (Va. Ct. App. 1996). · cites it 4× ““Code § 19.2-271.1 provides that husbands and wives are competent witnesses to testify for or against each other in criminal cases except as otherwise provided [in Code § 19.”
Brown v. Commonwealth, 292 S.E.2d 319 (Va. 1982). · cites it 2× “Code § 19.2-271.1 provides that husbands and wives are competent witnesses to testify for or against each other in criminal cases except as otherwise provided.”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005). · cites it 2× “The General Assembly may certainly be said to have been aware of the construction and effect given to prior recidivist statutes when it enacted Code § 19.2-271.1. To that end, those cases are relevant—though not dispositive—when delving into the issue of legislative intent.”
Calvin Bowe v. Commonwealth, No. 2285943 (Va. Ct. App. Mar. 5, 1996). · cites it 2× “Defendant's subsequent objection to wife's testimony during trial of the instant offense, based upon the spousal privilege, was overruled by the court. "Husband[s] and wi[ves] shall be competent witnesses to testify for or against each other in criminal cases, except as…”
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