## Facts

- Gray and two other men were charged in Wisconsin with burglary of a dwelling “in the nighttime” after Edmund Feldner’s home was entered and some of Feldner’s clothing was taken.
- Feldner went to bed at about 8:30 p.m. with the clothing still in his home and discovered it missing when he awoke at about 5:30 a.m., so the burglary occurred during that interval.
- A truck driver testified that he saw the defendants park their car near Feldner’s residence at approximately 1:30 a.m.
- The State introduced evidence of the relevant astronomical times: sunset was at 7:39 p.m. and sunrise was at 4:23 a.m.
- The defendants were found guilty by a jury and appealed, arguing that the evidence did not prove the burglary occurred “in the nighttime,” as required for the offense charged.

## Issues

1. Whether the State’s circumstantial evidence was sufficient to permit the jury to find beyond a reasonable doubt that the dwelling was burglarized “in the nighttime” within the meaning of Wisconsin’s burglary statute.

## Decision

- The Wisconsin Supreme Court affirmed the judgments of conviction.
- The court held that “nighttime” need not be proved by direct evidence of the precise moment of entry.
- The court concluded the jury could reasonably infer the nighttime element from the time window during which the property disappeared, the 1:30 a.m. observation placing defendants near the home, and the sunset/sunrise evidence.

## Legal Principles

- In a prosecution requiring proof that a burglary occurred “in the nighttime,” the State may rely on circumstantial evidence to establish the time element.
- Evidence that property was present after dark and missing before morning, together with ordinary human habits (sleeping during late hours) and other timing evidence, can support a finding that the entry occurred at night.
- A conviction may stand when the record supports a reasonable inference satisfying an element beyond a reasonable doubt, even if the evidence does not fix the exact minute the crime was committed.
- Where the evidence supports competing inferences about the time of the offense, the jury decides which inference to accept, and an appellate court will not disturb the verdict if the inference supporting guilt is reasonable.

## Conclusion

The court affirmed Gray’s nighttime-burglary conviction, holding that the jury could find the “nighttime” element beyond a reasonable doubt based on circumstantial proof, including the period between Feldner’s bedtime and waking, the truck driver’s 1:30 a.m. sighting near the residence, and evidence of sunset and sunrise on the date of the burglary.


Gray v. State, 9 N.W.2d 68 (1943)