State v. Schwarze

This is an appeal from a judgment of conviction of misconduct in public office, sec. 946.12 (3), Stats., 1 and an order denying post-conviction motion. Defendant contends that the trial court erred in instructing the jury that she had a duty to disclose shortages of money to her employer. She also contends that if she had that duty, it was not a discretionary power but a mandatory duty, and she should be granted a new trial because the real controversy was not tried. Because we conclude that the existence of a duty is a question of law, and that the real controversy was tried, we affirm.

Defend…