State v. McCullum

(dissenting)—I would affirm the jury's verdict finding petitioner guilty of first degree murder. A new trial is not warranted since the instruction allegation is not one of constitutional magnitude, but one of statutory construction. Thus, the petitioner's contention is not timely, having been raised for the first time in this appeal. It is well settled that an instruction must be adequately objected to at trial in order to preserve the issue on appeal. State v. Ermert, 94 Wn.2d 839, 621 P.2d 121 (1980).

The majority's statement of facts relating to the issue of self-defense is somewhat…