State v. Takacs

(dissenting)—I concur with the majority that the rationale of State v. McCullum, 98 Wn.2d 484, 656 P.2d 1064 (1983) is applicable to the crime of second degree assault as charged in the case at bench. In McCullum the court held that self-defense negates the culpability element of intent when the crime charged is first degree murder. Presaging the McCullum opinion, the Supreme Court held in State v. Hanton, 94 Wn.2d 129, 614 P.2d 1280, cert. denied, 449 U.S. 1035 (1980) that self-defense negates "reckless" conduct, the requirement of culpability necessary *925to sustain the charge of first degree…