LAS VEGAS (AP) - A murder charge has been dismissed against a former Las Vegas-area millionaire who had been accused of killing his wife's lover in 1979.

The Las Vegas Review-Journal reports that charges were dropped Monday against 77-year-old David Morgan in the death of Gabriel Vincent.

Clark County District Court Judge Carolyn Ellsworth dismissed the case without prejudice, meaning prosecutors can re-file charges if new evidence is found.

Morgan's lawyer, Tom Pitaro, says the state didn't have enough evidence to convict Morgan.

After many trial delays, prosecutors say a key witness, Morgan's former employee Fred Hackett, died about a year ago in Florida of natural causes.

Hackett told police in 2006 that he helped bury Vincent's body near Indian Springs after Morgan shot Vincent.

Police never found the body.

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