nighttime

nighttime
Generally, in absence of statutory provision to contrary, "nighttime," within definition of burglary, is, as was held at common law, that period between sunset and sunrise during which there is not enough daylight to discern a man's face. State v. Dougherty, 186 Kan. 820, 352 P.2d 1031, 1032.
The rule is often followed that "nighttime" begins thirty minutes after sunset and ends thirty minutes before sunrise, Model Penal Code, No. 221.0(2); or, that period of time from one hour after sunset to one hour before sunrise, Com. v. Lavery, 255 Mass. 327, 333-334, 151 N.E. 466, 468.
The common-law definition is still adhered to in some states (e.g. Calif. Penal Code No. 7: "The period between sunset and sunrise.") but in others "night" has been defined by statute (see e.g. Model Penal Code definition above)

Black's law dictionary. . 1990.

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