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STATE v. BELL

153 Conn. 540 (1966)

STATE OF CONNECTICUT v. SAMUEL R. BELL

Supreme Court of Connecticut.

Decided April 5, 1966.

Attorney(s) appearing for the Case

Donald G. Walsh, special public defender, for the appellant (defendant).

David B. Salzman, assistant state's attorney, with whom, on the brief, were George R. Tiernan, state's attorney, and Richard P. Sperandeo, assistant state's attorney, for the appellee (state).

KING, C. J., MURPHY, ALCORN, HOUSE and COTTER, JS.

KING, C. J.

The defendant was convicted of common-law burglary under General Statutes § 53-68.1 That statute does not create or define a crime but merely provides a penalty for the crime of common-law burglary. Rex v. Hanson, 1 Root 59; 21 Am. Jur. 2d, Criminal Law, § 13. In this appeal the defendant claims, inter alia, error in the court's charge to the jury as to the definition of "nighttime." Common-law burglary...

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