State v. Levi

OPINION OF THE COURT BY

LUM, C.J.

This is an appeal by Defendant-Appellant Melvin Levi from a conviction of first degree murder under former Hawaii Revised Statutes (HRS) § 748-1. The conviction was as a result of the murder of Gordon Scott in 1969. We conclude that the trial court did not commit error in refusing to dismiss the indictment because of a 31-month pre-indictment delay. However, we conclude that the trial court did commit reversible error in admitting into evidence confidential marital communications. We reverse and remand for a new trial.

I

On April 17, 1969, a grossly decomposed…