CHAPTER 233

An Act to amend and reenact § 58-278.1 of the Code of Virginia, relating
to investigations by parole or probation officers in certain felony cases
so as to provide that in all felony cases tried without a jury the court
may, or on motion of the defendant, shall cause such investigation to -

be made.
[H 161]
Approved March 8, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 53-278.1 of the Code of Virginia be amended and reenacted
as follows:

§ 53-278.1. When a person is tried upon a felony charge for which a
sentence of death or confinement for a period of over ten years may be
imposed * and pleads guilty, or upon a plea of not guilty is tried by the
court without a jury as provided by law, and is adjudged guilty of such
charge, the court may, or on the motion of ‘the defendant shall, before fixing
punishment or imposing sentence direct a probation officer of such court to
thoroughly investigate and report upon the history of the accused and any
and all other relevant facts, to the end that the court may be fully advised
as to the appropriate and just sentence to be imposed. * The probation
officer shall present his report in open court in the presence of the accused
who shall be advised of the contents of the same and be given the right to
cross-examine the investigating officer as to any matter contained therein
and to present any additional facts bearing upon the matter which he
may desire to present. The report of the investigating officer shall be
filed as a part of the record in the case.