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MATTER OF MILES

[No. 311, September Term, 1972.]

269 Md. 649 (1973)

309 A.2d 289

IN THE MATTER OF LESTER LEE MILES ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed October 11, 1973.

Denied October 19, 1973.

Attorney(s) appearing for the Case

Mary Elizabeth Kurz, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Edward F. Borgerding, Assistant Attorney General, Milton B. Allen, State's Attorney for Baltimore City, Marshall Feldman and David W.M. Jacobs, Assistant State's Attorneys for Baltimore City, on the brief, for the State of Maryland.

Peter S. Smith, with whom were Charles F. Morgan and Gerald M. Meola on the brief; Mark Colvin and Joshua T. Gillelan, II appearing on the brief, pursuant to Rule 18, governing admission to the Bar of Maryland, for Messrs. Dawson, Davis, Miles and Gibson.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SMITH and DIGGES, JJ.

Denied October 19, 1973, see Per Curiam at 660.

McWILLIAMS, J., delivered the opinion of the Court.

Simply put, Miles, Gibson, Davis and Dawson (appellees),1 severally convicted of robbery and burglary in 1968 when each of them was 17 years of age, and thereafter sentenced to terms ranging from 10 to 50 years, now contend they should be turned loose because the waiver hearing we held to be essential in Franklin v. State,

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