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Feldner discovered that a suit, an overcoat, and some trousers of his had been stolen. Sunset the day before had been at 7:39 p.m. Sunrise that morning was at 4:23 a.m. Feldner had gone to bed at 8:30 p.m. and got up at 5.30 a.m. Gray (D) and his companions had been seen near Feldner's house between 1:00 a.m. and 2:30 a.m. on the morning of the theft. D was identified as the thief. D was convicted of burglary. D appealed, contending that the element of nighttime could not be adequately established for conviction.

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