The time during which there is the light of day, as distinguished from night or night-time. That portion of the twentyfour hours during which a man’s person and countenance are distinguishable. Trull v. Wilson. 9 Mass. 154; Rex v. Tandy, 1 Car. & P. 297; Linnen v. Banfield, 114 Mich. 93, 72 N. W. 1. In law, this term is chiefly used in the definition of certain crimes, as to which it is material whether the act was committed by day or by night.