State v. Russel

62 Hawaii 474, 617 P.2d 84 (1980)

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Nature of the Case

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Facts

In 1978, Russell and Carlson (D) were indicted for obtaining money under false pretenses. The alleged criminal activity occurred from November 28, 1972, to February 26, 1973. D conceded that they had been continually absent from the state since February 26, 1973. A new penal code took effect on January 1, 1973. Under the new code, the statute of limitations provided for a three-year tolling exception if the accused was continuously absent from the state; after three years of continuous absence from the state, the statute of limitations would begin to run. However, the new code did not apply to false pretenses. D was charged under the old code; there was a two-year statute of limitations for the offense of false pretenses, and it did not run during the continuous absence of the accused. Defenses under the new code applied to offenses under the old code. The trial court held that the three-year tolling exception was a valid defense. The trial court applied it to the statute of limitations for false pretenses in the Old Code. The court ruled that the statute of limitations had expired 24 days before the indictment was issued. The trial court dismissed the indictment. The state of Hawaii (P) appealed.