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 Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment, holding that the lesser included offense of false imprisonment was properly raised by the evidence and remanded for a harm analysis; the dissent argued the majority erred in finding such evidence sufficient. Justice McCormick, dissenting, would have held no instruction on false imprisonment was warranted.