State v. Gunderson

Citations

• 56 Wash. 672
• 106 P. 194
• 1910 Wash. LEXIS 869

Syllabus

<p>Burglary — Entry—Time—Evidence—Sufficiency. The evidence is insufficient to warrant a conviction for entering a ship in the nighttime with intent to commit a misdemeanor, where no breaking was alleged and it devolved upon the state to prove entry in the nighttime, and from the evidence the property was not missed until more than two hours after daylight.</p> <p>Evidence — Judicial Notice. The courts take judicial notice that in this latitude in August it is daylight in the morning at 5:30-o’clock.</p>