SNEAD, Justice.
At the June 1963 term of court Frank Timothy Cooper, defendant, was indicted for the rape of Jackie Friend, a female child four years old (Code, § 18.1-44) and on July 3, 1963, Cooper was tried upon the indictment. He was represented by counsel of his own choosing, entered a plea of not guilty and waived trial by jury. The trial court found the defendant guilty as charged and subsequently, after considering the reports of the probation officer...
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