 |
 |
 |
| |
|
|
Gray v State
Author:- Sam
Biers
Facts: On June 19, 1941 the dwelling of Mr. Feldner was burglarized sometime between 8:30 p.m. and 3:30 a.m. whereas some articles of clothing was removed without his consent, while he slept. Truck driver Habeck saw the three defendants alongside their car around 1:00 a.m. and thereafter the defendants followed himto the town of Ripon. After arriving in Ripon Habeck supplied the three defendants with directions to Fond Du Lac, this occurred between 1 and 2:30 a.m.
Issue: Did the evidence support a finding that the defendants were guilty of breaking and entering in the nighttime as required by statute?
Holding: The evidence does support that the defendants entered the dwelling and removed the clothing sometime during the nighttime hours, prior to 3:30 a.m.
Court Rationale: Habeck placed the defendants in Ripon around 1 a.m. where they asked for directions to Fond Du Lac, the location of the victim’s house. Feldner arose around 5:30 a.m. to discover the articles missing and tampered with. Habeck testified that he would have arrived at the place where he saw the three defendants, near the proximity of Feldner’s house, around 1:30 .m. The legal definition of sunrise was 3:30 a.m. Although the exact time is unknown, it is reasonable to infer that in connection with other evidence that the defendants entered the home during the nighttime as the jury was charged with weighing their entry during the daylight versus nighttime.