Gray v. State

9 N.W.2d 68 (1943)

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Gray v. State

Supreme Court of Wisconsin
9 N.W.2d 68 (1943)

  • Written by Susie Cowen, JD

Facts

Mr. Gray and two other men (defendants) broke into Edmund Feldner’s home and stole some of Feldner’s clothes. The theft occurred between 8:30 p.m. and 5:30 a.m., the period of time between when Feldner went to sleep and when he woke up. A truck driver testified that he saw the defendants park their car near Feldner’s residence at approximately 1:30 a.m. At the time the robbery occurred, sunset took place at 7:39 p.m. and sunrise occurred at 4:23 a.m. The defendants were found guilty of burglary. They appealed, arguing that the evidence did not prove that Feldner’s home was burglarized at “nighttime.”

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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