Night

That space of time during which the sun is below the horizon of the earth, except that short space which precedes its rising and follows its setting, during which by its light the countenance of a man may be discerned. It is night when there is daylight, crepusculum or diluculum, enough left or begun to discern a man’s face withal.

1 Hale, PI. Cr. 550; 4 Bla. Coin. 224; Bac. Abr. Bur diary (D); 2 Kuss. Cr. 32. See State v. Morris, 47 Conn. 182; Kroer v. People,' 78 111. 205.

The common-law rule has been modified by statute in some of the states, and by the stat.

9 Geo. IV. c.

60, the night, for pursunrise. By the stat.

24 & 25 Viet. c.

96, the night, during which a burglary may be committed, is deemed to commence at 9 p. m., and end at 6 a. m.; 4 Stepli.

Com. 105.

But see Klieforth v. State, 88 Wis. 163, 50 N. W. 507, 43 Am. St. Bop. 875, where it was held that it is day when there is daylight enough to discern a person’s face. In the time of the English Saxons and oven till Henry I., time was computed by nights: as fortnight for two weeks.