Court of Criminal Appeals of Texas
Martin Thomas Schweinle, Appellant v. the State of Texas, Appellee
February 7, 19961996 Tex. Crim. App. LEXIS 12
Summary
The Texas Court of Criminal Appeals reversed the Court of Appeals' judgment, holding that the evidence raised the lesser included offense of false imprisonment and therefore a jury instruction on that offense was required. The Court applied the two‑pronged test for lesser included offenses and found that a rational jury could have concluded appellant was guilty only of false imprisonment. The case was remanded for a harm analysis under Tex.Code Crim.Proc.Ann. art. 36.19. Justice McCormick dissented, arguing that the victim's testimony established intent to use deadly force, precluding a false imprisonment instruction.