
    State of Vermont. vs. Mather.
    Dec. adjourned term, 1789.
    Indictment for burglary — for breaking and entering the house of-, at-, on-, between the hours of twelve at night, and nine of the evening succeeding.
    
      Indictment for burglary quashed for want of a noctanter.
   On demurrer, exception was taken to the indictment for want of a noctanter; that it was uncertain, from . « *1 *i the indictment, whether the tacts "were committed by night or by day, and of this opinion were the Court, and quashed the indictment.  