State v. McDonell

FOURNET, Justice.

The accused, Lawrence McDonell, Jr., having been convicted on a charge filed in a bill of information with breaking and entering in the nighttime with intent to steal, filed a motion for a new trial on the ground that the jury’s finding of his guilt was contrary to the law as given them by the court that nighttime is any time from sundown to sunup, and daytime as any time from sunup to sundown, since the evidence shows the prosecuting witness testified the offense had been committed between the hours of 6 and 7 p- m. on July 11, 1942, and, according to the letter of P. J.…