Reed, J.
Kenneth Sampson appeals a jury conviction of second degree assault committed while armed with a deadly weapon, alleging several instructional errors on the law of self-defense. We affirm the conviction.
A dispute over 9 cents led to the shooting of Bryant Conrad. Sometime between 8:30 and 9 p.m. on August 8, 1982, Conrad and a friend stopped for gas at Franko's Self Service Station near Bremerton. After filling his tank, Conrad proceeded into the gas station's office and handed the attendant, the defendant, $10, the exact amount he believed he owed. As Conrad stepped out the door, Sampson shouted that 9 more cents was owed. Conrad disagreed, but Sampson insisted. Believing they were "headed for trouble," Conrad suggested they go look at the pumps. Although the pump from which Conrad had obtained gas showed an amount due of $10, Sampson demanded that Conrad pay the 9 cents. An argument ensued. An elderly man then intervened, explaining to Sampson that he had pumped 9 cents worth of gas from a pump near Conrad's car. Sampson apparently disbelieved him and continued to demand the money from Conrad.
At this point, two different versions of the subsequent altercation emerge. According to Conrad, after some heated verbal exchanges, Sampson grabbed him twice. The second [596]*596time, Conrad pushed Sampson, who pulled a gun and aimed it at the ground. At the sight of the gun and Sampson's "big, serious stare," Conrad suggested they contact the police to resolve the dispute. In apparent agreement, they moved toward the office with Sampson keeping his gun at his side although Conrad testified he asked him at least three times to put it away. Once inside the gas station office, Sampson positioned himself against the cash register. With his gun at his side, he faced Conrad who was attempting to contact the police. Also present were Sampson's wife and another gas attendant, who were standing behind the cash register, and Conrad's friend. While Conrad placed the call, Sampson and Conrad began arguing again. Conrad testified that Sampson became "hostile" and grabbed his shirt near his neck. Conrad again requested Sampson to put the gun away, but Sampson refused. Conrad then pushed Sampson's chin "to get him back out of [his] face, ..." when the gun discharged, hitting Conrad in the stomach. Sampson appeared shocked after the shooting according to Conrad. Testimony from the other attendant corroborated Conrad's description of the shooting.
Sampson's version of the incident is, of course, substantially different. Sampson acknowledged that he "loudly" insisted that Conrad pay the 9 cents because he saw Conrad obtain gas from two different pumps. Sampson testified, however, that out at the pumps, Conrad lunged for him twice and that he pulled a gun after the second attempt because Conrad appeared "erratic" and he believed Conrad's friend, who was standing near Conrad's car, "was there for reinforcement." Sampson admitted he kept his gun out while they walked toward the office and inside the office, but claimed Conrad never requested him to holster it. Sampson testified that he became "scared" when Conrad unexpectedly hung up the telephone before completing the call to the police, and approached him. Sampson described Conrad as "irrational" and appearing "drunk." Conrad then grabbed his beard and his throat with both hands. Sampson testified that "[t]hen the gun went off." He further testified [597]*597that he had "no conscious recollection of shooting Conrad," but did recall feeling "frightened" and "thinking [Conrad] was going to kill [him]." Sampson's wife also testified; she believed Sampson was defending himself from the hostility of an intoxicated individual. The jury disagreed and returned a conviction.
Sampson's assignments of error are directed to the trial court's instructions on self-defense. He first contends the trial court's instructions failed to inform the jury that the State bears the burden to prove the absence of self-defense. Sampson argues the trial court committed reversible error by refusing his elements instruction which would have required the State to prove beyond a reasonable doubt "[t]hat the force used by the defendant was unlawful and not necessary." (Proposed instruction 8).1
When self-defense properly is raised by a defendant in an assault prosecution, the State bears the ultimate burden of proof on self-defense. State v. Acosta, 101 Wn.2d 612, 683 P.2d 1069 (1984). That is, the State is obligated to prove beyond a reasonable doubt that the defendant's use of force was unlawful, wrongful or without justification or excuse. Acosta, 101 Wn.2d at 618, 623. The test for determining whether the court's instructions constituted error is "whether the jury . . . could understand from the instructions as a whole, that the State bears the burden of proof [598]*598on self-defense." Acosta, 101 Wn.2d at 622. Here, the trial court's instructions 3 and 7 told the jury that the State had to prove beyond a reasonable doubt that Sampson "assaulted" Bryant Conrad.2 Instruction 5 defined "assault" as an act with "unlawful force,"3 and instructions 15 and 16 defined the use of "lawful force."4 These instruc[599]*599tions, when read as a whole, adequately conveyed to the jury that the State bears the burden of proof on self-defense beyond a reasonable doubt. The jury was instructed that to convict, the State must prove beyond a reasonable doubt a criminal assault, that is, the use of force by the defendant was unlawful. Sampson in effect received the instruction he requested. We find no error.
Sampson next contends that the trial court's instructions explaining the law of self-defense required the jury to apply an objective standard in evaluating his actions rather than the proper subjective standard expressed in State v. Wanrow, 88 Wn.2d 221, 559 P.2d 548 (1977) and State v. Fischer, 23 Wn. App. 756, 598 P.2d 742 (1979).5 We disagree. The court's instructions 15 and 16, considered together, correctly expressed the "subjective" test, i.e., that the reasonableness of the defendant's use of force is to be evaluated from the defendant's perspective under the facts and circumstances known to the defendant. See State v. Painter, 27 Wn. App. 708, 711-12, 620 P.2d 1001 (1980). Instruction 16 also conveyed the proper standard regarding the amount of force available to the defendant under a claim of self-defense. Instructions are sufficient if, taken as a whole, they contain an accurate statement of the law and allow the defendant to argue his theory of the case. State v. Johnson, 29 Wn. App. 807, 812, 631 P.2d 413 (1981); State v. Hall, 22 Wn. App. 862, 865, 593 P.2d 554 (1979). There was no error.
Sampson finally contends that the court's instruction 17 on the unavailability of self-defense when the defendant is the aggressor constituted a comment on the evidence in violation of Const, art. 4, § 16. Instruction 17 (WPIC 16.04) provided:
[600]
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Reed, J.
Kenneth Sampson appeals a jury conviction of second degree assault committed while armed with a deadly weapon, alleging several instructional errors on the law of self-defense. We affirm the conviction.
A dispute over 9 cents led to the shooting of Bryant Conrad. Sometime between 8:30 and 9 p.m. on August 8, 1982, Conrad and a friend stopped for gas at Franko's Self Service Station near Bremerton. After filling his tank, Conrad proceeded into the gas station's office and handed the attendant, the defendant, $10, the exact amount he believed he owed. As Conrad stepped out the door, Sampson shouted that 9 more cents was owed. Conrad disagreed, but Sampson insisted. Believing they were "headed for trouble," Conrad suggested they go look at the pumps. Although the pump from which Conrad had obtained gas showed an amount due of $10, Sampson demanded that Conrad pay the 9 cents. An argument ensued. An elderly man then intervened, explaining to Sampson that he had pumped 9 cents worth of gas from a pump near Conrad's car. Sampson apparently disbelieved him and continued to demand the money from Conrad.
At this point, two different versions of the subsequent altercation emerge. According to Conrad, after some heated verbal exchanges, Sampson grabbed him twice. The second [596]*596time, Conrad pushed Sampson, who pulled a gun and aimed it at the ground. At the sight of the gun and Sampson's "big, serious stare," Conrad suggested they contact the police to resolve the dispute. In apparent agreement, they moved toward the office with Sampson keeping his gun at his side although Conrad testified he asked him at least three times to put it away. Once inside the gas station office, Sampson positioned himself against the cash register. With his gun at his side, he faced Conrad who was attempting to contact the police. Also present were Sampson's wife and another gas attendant, who were standing behind the cash register, and Conrad's friend. While Conrad placed the call, Sampson and Conrad began arguing again. Conrad testified that Sampson became "hostile" and grabbed his shirt near his neck. Conrad again requested Sampson to put the gun away, but Sampson refused. Conrad then pushed Sampson's chin "to get him back out of [his] face, ..." when the gun discharged, hitting Conrad in the stomach. Sampson appeared shocked after the shooting according to Conrad. Testimony from the other attendant corroborated Conrad's description of the shooting.
Sampson's version of the incident is, of course, substantially different. Sampson acknowledged that he "loudly" insisted that Conrad pay the 9 cents because he saw Conrad obtain gas from two different pumps. Sampson testified, however, that out at the pumps, Conrad lunged for him twice and that he pulled a gun after the second attempt because Conrad appeared "erratic" and he believed Conrad's friend, who was standing near Conrad's car, "was there for reinforcement." Sampson admitted he kept his gun out while they walked toward the office and inside the office, but claimed Conrad never requested him to holster it. Sampson testified that he became "scared" when Conrad unexpectedly hung up the telephone before completing the call to the police, and approached him. Sampson described Conrad as "irrational" and appearing "drunk." Conrad then grabbed his beard and his throat with both hands. Sampson testified that "[t]hen the gun went off." He further testified [597]*597that he had "no conscious recollection of shooting Conrad," but did recall feeling "frightened" and "thinking [Conrad] was going to kill [him]." Sampson's wife also testified; she believed Sampson was defending himself from the hostility of an intoxicated individual. The jury disagreed and returned a conviction.
Sampson's assignments of error are directed to the trial court's instructions on self-defense. He first contends the trial court's instructions failed to inform the jury that the State bears the burden to prove the absence of self-defense. Sampson argues the trial court committed reversible error by refusing his elements instruction which would have required the State to prove beyond a reasonable doubt "[t]hat the force used by the defendant was unlawful and not necessary." (Proposed instruction 8).1
When self-defense properly is raised by a defendant in an assault prosecution, the State bears the ultimate burden of proof on self-defense. State v. Acosta, 101 Wn.2d 612, 683 P.2d 1069 (1984). That is, the State is obligated to prove beyond a reasonable doubt that the defendant's use of force was unlawful, wrongful or without justification or excuse. Acosta, 101 Wn.2d at 618, 623. The test for determining whether the court's instructions constituted error is "whether the jury . . . could understand from the instructions as a whole, that the State bears the burden of proof [598]*598on self-defense." Acosta, 101 Wn.2d at 622. Here, the trial court's instructions 3 and 7 told the jury that the State had to prove beyond a reasonable doubt that Sampson "assaulted" Bryant Conrad.2 Instruction 5 defined "assault" as an act with "unlawful force,"3 and instructions 15 and 16 defined the use of "lawful force."4 These instruc[599]*599tions, when read as a whole, adequately conveyed to the jury that the State bears the burden of proof on self-defense beyond a reasonable doubt. The jury was instructed that to convict, the State must prove beyond a reasonable doubt a criminal assault, that is, the use of force by the defendant was unlawful. Sampson in effect received the instruction he requested. We find no error.
Sampson next contends that the trial court's instructions explaining the law of self-defense required the jury to apply an objective standard in evaluating his actions rather than the proper subjective standard expressed in State v. Wanrow, 88 Wn.2d 221, 559 P.2d 548 (1977) and State v. Fischer, 23 Wn. App. 756, 598 P.2d 742 (1979).5 We disagree. The court's instructions 15 and 16, considered together, correctly expressed the "subjective" test, i.e., that the reasonableness of the defendant's use of force is to be evaluated from the defendant's perspective under the facts and circumstances known to the defendant. See State v. Painter, 27 Wn. App. 708, 711-12, 620 P.2d 1001 (1980). Instruction 16 also conveyed the proper standard regarding the amount of force available to the defendant under a claim of self-defense. Instructions are sufficient if, taken as a whole, they contain an accurate statement of the law and allow the defendant to argue his theory of the case. State v. Johnson, 29 Wn. App. 807, 812, 631 P.2d 413 (1981); State v. Hall, 22 Wn. App. 862, 865, 593 P.2d 554 (1979). There was no error.
Sampson finally contends that the court's instruction 17 on the unavailability of self-defense when the defendant is the aggressor constituted a comment on the evidence in violation of Const, art. 4, § 16. Instruction 17 (WPIC 16.04) provided:
[600]*600No person may by any unlawful act create a necessity for acting in self-defense and thereupon use force upon or toward another person. Therefore, if you find beyond a reasonable doubt the defendant was the aggressor and that defendant's acts and conduct provoked or commenced the fight, then self-defense is not available as a defense.
We find no merit in this contention.
Const, art. 4, § 16 prohibits a judge from conveying to the jury his personal attitudes on the merits of the case. State v. Theroff, 95 Wn.2d 385, 389, 622 P.2d 1240 (1980); State v. Foster, 91 Wn.2d 466, 481, 589 P.2d 789 (1979). An instruction does not constitute an impermissible comment on the evidence when there is sufficient evidence in the record to support it and the instruction is an accurate statement of the law. See State v. Theroff, supra. Instruction 17 is a correct statement of the law (State v. Currie, 74 Wn.2d 197, 443 P.2d 808 (1968); State v. Heath, 35 Wn. App. 269, 666 P.2d 922 (1983)), and the record discloses substantial evidence indicating that Sampson was the aggressor resulting in the shooting of Bryant Conrad. Sampson pulled a gun over a dispute involving a mere 9 cents, despite Conrad's and another witness's repeated assertions that Conrad did not owe the 9 cents. Sampson admitted he had a temper. There was evidence Conrad repeatedly asked Sampson to put the gun away, but Sampson refused. The focus of the conflict became the gun. By his own admissions, Sampson conceded that the presence of his gun "made [Conrad] . . . angry." Finally, inside the gas station office while Conrad attempted to call the police, Sampson watched Conrad with his gun cocked at his side. These actions may have precipitated the subsequent altercation, making Sampson the provoker. The aggressor/self-defense instruction was properly given to the jury.
We affirm the conviction.
Worswick, C.J., concurs.