State v. Alley

OPINION

HENRY, Justice.

This petition for post-conviction relief raises a question of first impression, i. e., within the meaning of Section 37-234(a)(l), *382T.C.A., does a juvenile attain age fifteen on his birthday or on the day before his birthday. The Court of Criminal Appeals held to the latter view and we granted certiorari to examine the question.

I

The Court of Criminal Appeals treated the issue in the abstract, basing its opinion wholly on the ancient common law rule which required the computation of one’s age by including the day of birth with the result that, as a matter of law, one…