Bohmer

Peter Bohmer and Peter Mahone have appealed separately from orders granting each of them probation after they were convicted by verdict in a joint trial of a violation of Penal Code section 587, subdivision 2. The appeals are discussed separately because of the differing grounds advanced for reversal, and because of the difference in the relationship of the facts to each of them. We deal first with Mahone’s appeal.

Penal Code section 587 declares in part:

The evidence shows Mahone was one of several persons who, on May 12, 1972, placed railroad ties across the tracks of the Santa Fe Railroad near Del Mar in San Diego County. The ties were then set on fire for the purpose of halting a train at the place of the obstruction.

Mahone’s first appellate contention is based on his request that the following instruction be given to the juiy:

“In the crime charged in count one of the indictment, there must exist a union or joint operation of act or conduct and a certain specific intent.

“In the crime of maliciously obstructing a railroad track, there must exist in the mind of the perpetrator the specific intent to obstruct the railroad tracks, and unless such intent so exists…