State v. Johnson (1972)
In State v. Johnson, 108 Ariz. 42, 492 P.2d 703 (1972), the trial court had raised and rejected the issue of justification sua sponte during trial. Id. at 43, 492 P.2d at 704.
On appeal, the state argued that the defendant could not challenge this ruling because he had failed to submit a written instruction below and, consequently, he had failed to set forth its substance in haec verba, as was required by then-existing rules of appellate procedure. Id.
The Court rejected this waiver argument and found the issue preserved, noting that to propose a written instruction would have been "obviously superfluous" under the circumstances. Id. at 44, 492 P.2d at 705.