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Any person who shall enter in the night time without breaking, or shall break and enter in the day time any railroad freight car, or passenger car, with intent to commit the crime of murder, rape, robbery, larceny, or other felony, shall be punished by imprisonment in the state prison not more than three years, nor less than one, et cetera. Wis. Rev. Stat. § 4410. Under § 4410, such entry with such intent in the night time, even without breaking, is sufficient to constitute such offense. If there is daylight or crepusculum enough begun or left to discern a man's face withal, it is no burglary. But this does not extend to moonlight.
Defendant arranged with a local express agent to have a box, with himself inside, placed on a train. A police officer and others found defendant inside the box with weapons, rope, gimlet, and a bottle of chloroform. There was also evidence tending to show that there were packages of money in the custody of the express agent on the car. The box was placed in the express car with the knowledge, and even by the assistance, of those in charge of the car. However, the car was not a passenger car, and defendant was not a passenger. The express company was exclusively a common carrier of freight. Defendant knew that he had no right to enter the express car at all without the consent of those in charge.
Is an information charging the breaking and entering of a freight car, but not stating whether it was in the day time or night time, sufficient under Wis. Rev. Stat. § 4410, as charging a breaking and entering in the day time?
The court concluded from the proof that the entry was in the day time, which made it necessary to have charged a breaking in order to bring the case within Wis. Rev. Stat. § 4410. The evidence was sufficient to support the charge of breaking.