People v. Beaudin

We are asked to decide whether the trial court erred in refusing to instruct the jury regarding specific intent1 in the case of a defendant charged with endangering the lives of persons traveling on a railroad.2 We hold that the instruction should have been given.

*572I

The defendant and another man were accused of endangering lives by removing four bolts from a section of railroad track near Ubly, Michigan, on May 6, 1978. The accomplice was granted immunity and testified against the defendant at a jury trial in the Huron Circuit Court. According to the witness, he came upon a loose bolt and…