STATE v. FAJARDO

No. 9739.

699 P.2d 20 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Eliseo Fuentes FAJARDO, also known as Leo, Defendant-Appellant.

Supreme Court of Hawaii.

May 7, 1985.


Attorney(s) appearing for the Case

Lynette Mah, Deputy Public Defender, Honolulu (Richard W. Pollack, Deputy Public Defender, Honolulu, with her on briefs), for defendant-appellant.

Ernest J. Freitas, Jr., Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


HAYASHI, Justice.

Eliseo Fuentes Fajardo (hereinafter "Appellant") was convicted of manslaughter in the death of Robert John Tavares. For the reasons stated below we reverse the conviction.

I.

On April 30, 1983, Appellant and Tavares got into a verbal altercation at the Atlantis discotheque in the Pacific Beach Hotel in Waikiki. They decided to settle the matter outside and walked out to the hallway by the...

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