The opinion
BRETT, Judge,
concurring in part, and dissenting in part.
I concur that appellant should stand convicted, but not for the crime of First Degree Murder. As I view the record, the prosecution failed to prove the element of malice aforethought required in First Degree Murder. I would modify the conviction to First Degree Manslaughter and modify his sentence to forty-five (45) years.
When appellant made his inculpatory admission, describing where the deceased’s body was located, he also stated before the Sheriff that “he didn’t mean to kill her.” (Tr. 58). The record reflects to me that the homicide occurred in the heat of passion resulting from what the deceased said to appellant during their argument. Therefore, I would modify the conviction to First Degree Manslaughter, and modify the sentence accordingly.