Gray v. State
Supreme Court of Wisconsin
9 N.W.2d 68 (1943)
Relevant factsFree
Gray and two others (defendants) stole clothes from Feldner's home sometime between 8:30 p.m., when Feldner went to sleep, and 5:30 a.m., when he woke up; a truck driver testified he saw the defendants' car parked near the home around 1:30 a.m., and sunset that day was 7:39 p.m. with sunrise at 4:23 a.m. Convicted of burglary, the defendants argued the evidence didn't prove the break-in occurred specifically during legally defined "nighttime."
IssueFree
Whether a defendant may be found guilty of burglary where there is no proof of the precise hour at which the burglary occurred.