The opinion
R. M. Maher, P. J.
(dissenting). For the reasons stated in People v Fountain, 71 Mich App 491 ; 248 NW2d 589 (1976), and in People v Wright, 80 Mich App 172 ; 262 NW2d 917 (1977), lv gtd, 402 Mich 938 (1978), I dissent. The jury should have been instructed that the defendant could be convicted of *442 first-degree felony murder only if the jury found the killing was done with malice. The essential element of malice was improperly imputed to the killing as a matter of law. It was properly a matter for the jury’s consideration.