Tex. Code Crim. Proc. art. 38.08 : CODE OF CRIMINAL PROCEDURE — CODE OF CRIMINAL PROCEDURE — EVIDENCE IN CRIMINAL ACTIONS — Defendant May Testify TEXT PDF 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. Tex. Code Crim. Proc. § 38.08 Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.