MORTON, J., delivered the opinion of the Court.
Appellant was convicted in a non-jury trial of rape and sentenced to five years imprisonment. In this appeal it is first contended that he "did not make an intelligent waiver of his right to a jury trial." The record indicates that when, at the beginning of the trial, he was asked: "Your plea today?", his counsel announced: "The plea is not guilty, court trial." No other reference to the plea or election of a court trial...
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