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.