People v. Davenport

Defendant was charged with carjacking, MCL 750.529a; MSA 28.797(a). At trial, the defense requested a jury instruction on specific intent, contending that the carjacking statute implicitly required a showing of specific intent (1) to deprive the victim of the automobile, and (2) to put the victim in fear. The trial court initially refused to give a specific intent instruction. Following defendant’s conviction, however, the trial court granted defendant’s motion for a new trial on the basis that it should have instructed the jury on the element of specific intent. The prosecution appeals by…