In this criminal case, defendant was found guilty of aggravated kidnapping. The crime arose out of a situation involving a domestic dispute. After a fight, defendant abducted his girl friend, beat her, and took her to his house where he kept her over night. Under Texas law, the offense of kidnapping occurs if a defendant intentionally or knowingly abducts another. "Abduct" means to secrete or hold a person in a place where the person is not likely to be found or using or threatening to use deadly force. Also, under Texas law, the offense of false imprisonment is committed if a defendant knowingly restrains another person. At trial, the jury was instructed as to the crime of kidnapping but not as to the crime of false imprisonment. Defendant appealed claiming that the jury should have been instructed as to false imprisonment because it is a lesser-included offense of kidnapping and the facts in this case supported such a finding. The Court of Appeal affirmed the trial court finding, but the Texas high court granted discretionary review. It found that false imprisonment was a lesser-included offense of kidnapping. The second issue required more discussion, but the Court stated that a jury could have found that no deadly force was used or threatened. The defendant testified that he did not touch the gun nor point it at the victim. Furthermore, he testified that he always carried the gun in his truck and the victim knew this. Also, the Court said that a jury could have found that, in view of the fact of the relationship between the parties, his house might not have been a place where she was not likely to be found. The Court reversed and remanded.
1. Why did the court remand the case to the court of appeals?
2. According to what you read in Schweinle, what is a lesser-included offense?
3. Under the Model Penal Code, did the appellant commit the crime of kidnapping? Explain using the appropriate elements of the Model Penal Code set forth in the text.