Gray v. State - 243 Wis. 57, 9 N.W.2d 68 (1943)

Rule:

Wis. Stat. § 353.32 defines the term "nighttime" as follows: The term "nighttime," when used in any statute, ordinance, indictment or information shall be construed to mean the time between one hour after the setting of the sun on one day and one hour before the rising of the same on the following day; and the time of sunset and sunrise shall be ascertained according to the mean solar time of the ninetieth meridian west from Greenwich, commonly known as central time, as given in any published almanac. 

Facts:

The dwelling of Edmund Feldner was burglarized sometime between 8:30 p.m. and 5:30 a.m. Clothing was taken and some rooms of the residence were ransacked. Defendants were stopped by officers and a search of their vehicle revealed the stolen items. On appeal from their burglary conviction, defendants contended that the evidence did not establish beyond a reasonable doubt that the dwelling was burglarized in the nighttime as defined by Wis. Stat. § 353.32. 

Issue:

Did the evidence establish beyond a reasonable doubt that the dwelling was burglarized in the nighttime as defined by Wis. Stat. § 353.32?

Answer:

Yes

Conclusion:

The court rejected this argument noting that the items were taken after Feldner retired for the evening and before defendant's were stopped at 1:30 a.m. Wis. Stat. § 353.32 defines the term "nighttime" as follows: The term "nighttime," when used in any statute, ordinance, indictment or information shall be construed to mean the time between one hour after the setting of the sun on one day and one hour before the rising of the same on the following day; and the time of sunset and sunrise shall be ascertained according to the mean solar time of the ninetieth meridian west from Greenwich, commonly known as central time, as given in any published almanac. Further, the court found that the search of the vehicle was legal as incident to a legal arrest of defendants for vagrancy under Wis. Stat. § 348.351. The verdict was found to be amply supported by the evidence.