Opinion
No. 5017
August 27, 1971
APPEAL FROM FIRST CIRCUIT COURT HON. ALLEN R. HAWKINS, JUDGE.
RICHARDSON, C.J., MARUMOTO, ABE, LEVINSON AND KOBAYASHI, JJ.
James Blanchfield, Deputy Public Defender ( Brook Hart, Public Defender, and James G. Jung, Deputy Public Defender, with him on the briefs), for defendant-appellant.
Patricia K. Park, Deputy Prosecuting Attorney ( Barry Chung, Prosecuting Attorney, with her on the brief), for plaintiff-appellee.
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.