State v. Niskromoni
53 Haw. 122
Haw.
1971
Check Treatment
Per Curiam.

Defendant was convicted of first degree murder after a jury trial in the first circuit court. On this appeal, he urges that the circuit court erred in giving to the jury over his counsel’s objection, an instruction on malice aforethought which repeated the language of HRS § 748-3. The point raised by defendant is well taken. State v. Cuevas, 53 Haw. 110, 488 P. 2d 322 (1971). The judgment appealed from is reversed.