In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him.
KRS 421.225
Amended 1974 Ky. Acts ch. 1, sec. 1, effective6/21/1974. -- Recompiled as KRS 421.225, 1962 Ky. Acts ch. 234, sec. 62. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 1645, 1646.