In a criminal prosecution, other than for perjury, or in an action on a penal statute, evidence shall not be given against the accused of any statement made by him as a witness upon a legal examination, in a criminal or civil action, unless such statement was made when examined as a witness in his own behalf.
Code 1950, § 19.1-267; 1960, c. 366; 1975, c. 495; 1988, c. 366.
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