State v. Fajardo

OPINION OF THE COURT BY

HAYASHI, J.

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 entrance of the discotheque. A fight ensued. Appellant pulled out a knife and stabbed Tavares to death.

Appellant was charged with the murder of Tavares in violation of Hawaii…