State v. Seymour

Douglas Seymour was convicted of two counts of theft by an employee, in violation of sec. 943.20(l)(b), Stats. On each count the information charged Seymour in the conjunctive: "[B]y virtue of his employment... having possession or custody of money . . . [Seymour] intentionally used, transferred, and retained possession of such money without the owner's consent, contrary to his authority and with intent to convert to his own use or to the use of any other person except the owner-" (Emphasis added.) However, the trial court instructed the jury in the disjunctive, instructing that it should…