STATE v. NISKROMONI

No. 5017.

488 P.2d 329 (1971)

STATE of Hawaii, Plaintiff-Appellee, v. Alexander NISKROMONI, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

August 27, 1971.


Attorney(s) appearing for the Case

James Blanchfield, Deputy Public Defender, Honolulu (Brook Hart, Public Defender, and James G. Jung, Deputy Public Defender, on the briefs), for defendant-appellant.

Patricia K. Park, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty., on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


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...

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