Terms Used In Texas Code of Criminal Procedure 38.08

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Testify: Answer questions in court.

Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.