Commonwealth v. Lombardo

GAWTHROP, J.,

This case raises an esoteric, yet sporadically recurring issue: when, exactly, does one reach a certain age — upon one’s birthday, or the day before? We subscribe to the majority view and find it, paradoxically, to be on the day before one’s birthday.

The facts precisely posit the question. Defendant was arrested at 12:34 a.m. on March 17, 1984, and charged, as an adult, with purchase, consumption, possession or transportation of intoxicating liquors, 18 Pa.C.S. §6308, and possession of controlled substance, 35 P.S. §780. Defendant’s birth certificate places his birth at 2:53 p.m.…