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FRANKLIN v. STATE

[No. 282, September Term, 1971.]

264 Md. 62 (1972)

285 A.2d 616

FRANKLIN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 10, 1972.

Attorney(s) appearing for the Case

Michael Millemann and Leonard A. Briscoe for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Edward F. Borgerding, Assistant Attorney General, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

Appellant Franklin, who was sixteen years old in 1969 when the offense was committed, was tried for and convicted of robbery with a deadly weapon in the Criminal Court of Baltimore when he was seventeen. Both when he was charged and when he was convicted, Md. Code 1957 (1969 Cum. Supp.), Art. 26, § 70-1 (c), defined a child subject to the laws governing juvenile cases as a person under the age of sixteen, whereas...

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