State v. Takacs

Defendant, Lynn Alexander Takacs, appeals his judgment and sentence entered on a jury verdict finding him guilty of assault in the second degree. Following affirmance in State v. Takacs, 31 Wn. App. 868, 645 P.2d 1109 (1982), the Supreme Court granted review and remanded to this court for reconsideration in light of State v. McCullum, 98 Wn.2d 484, 656 P.2d 1064 (1983). The parties have submitted additional briefs and argument.

At trial, the defendant testified that he had consumed one-half to three-fourths of a fifth of whiskey before going with three companions to a 7-Eleven store. When the…