[beaversmom]

Mr. Horn mentions that they were doing this in the “broad daylight”. Do you know how this affects it?

[Thumper1960]

Mr. Horn did the right thing. Any burglar who’d be brazen enough to act in his criminal manner in “broad daylight” is one who hasn’t any fear of repercussions.

[FreedomCalls]

Mr. Horn mentions that they were doing this in the “broad daylight”. Do you know how this affects it?

The statute says "theft in the night" and lets "burglary" stand without qualifying it as being required to be at night. So perhaps, and IANAL, use of deadly force against burglary in the day could be defended under the statute.