Opinion
George R. Tiernan, state's attorney, on the motion for the state.
Donald G. Walsh, on the motion for the defendant.
Submitted October 16, 1967
Decided October 25, 1967
The state's attorney and counsel for the defendant having requested and stipulated that this court find reversible error because of the charge by the trial court on the definition of "nighttime," and in view of the decision of this court in State v. Bell, 153 Conn. 540, 219 A.2d 218, it is ordered that, in the appeal from the Superior Court in New Haven County, the judgment be, and hereby is, set aside and a new trial is ordered.