State v. Fazzio

O’NIELL, Chief Justice.

The State is appealing from a judgment sustaining a demurrer to a bill of information, attempting to charge the defendants with the crime of burglary in the nighttime.

The crime is defined in article 60 of the Criminal Code, thus:

“Burglary in the Nighttime is the unauthorized entering between sunset and sunrise of any inhabited dwelling, or of'any structure, watercraft, or movable where a person is present, with the intent to commit a felony or any theft therein, if the offender,

“(1) Is armed with a dangerous weapon; or

“(2) After entering arms himself with a dangerous…