Friday, November 15, 2013

Gray v. State case brief

Gray v. State case brief summary
9 N.W.2d 68 (1943)

Defendants appealed from a judgment of the Circuit Court for Fond du Lac County (Wisconsin), which convicted defendants of burglary of a dwelling in the nighttime and sentenced them for an indeterminate term of three to eight years in the state prison.

The victim's home was burglarized sometime between 8:30 p.m. and 5:30 a.m. Clothing was taken and some rooms of the residence were ransacked. Defendants were stopped by officers and a search of their vehicle revealed the stolen items. On appeal from their burglary conviction, defendants contended that the evidence did not establish beyond a reasonable doubt that the dwelling was burglarized in the nighttime as defined by Wis. Stat. § 353.32.

  • The court rejected this argument noting that the items were taken after the victim retired for the evening and before defendant's were stopped at 1:30 a.m. 
  • Further, the court found that the search of the vehicle was legal as incident to a legal arrest of defendants for vagrancy under Wis. Stat. § 348.351. 
  • The verdict was found to be amply supported by the evidence.


The court affirmed the judgments of conviction and sentences.

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