State v. Stapleton

JOHNSON, Circuit Judge.

James S. Stapleton (appellant) was convicted by a Beadle County jury on May 3, 1985, of aggravated assault. Appellant appeals from the judgment of conviction. We affirm.

On the third floor of Kerr Hall, a boys’ dormitory on the Huron College Campus, a number of boys were watching television in the dormitory lounge shortly after midnight on April 5, 1985. There were two rows of seats facing the television, one directly in front of the other, the back row against the wall. The room was dark ex cept for the light emitted from the television. The television’s volume was loud.