Geitner v. State

No question involving the rape conviction or sentence is at issue on this appeal. While there are many issues raised, the only important question is whether false imprisonment is a lesser included crime of kidnapping’. This court has many times discussed the problem of included crimes. Whether a crime is a lesser includable offense of another crime depends upon the definition of “included crime” in sec. 989.66, Stats. 1 Whether an instruction should be given on an included crime in a particular situation depends upon the evidence. The point raised on appeal does not concern the evidence but…