STATE v. DePUE

This appeal arises from a conviction entered in the Third Judicial District Court, Powell County, the Honorable Ted L. Mizner presiding. Following a bench trial, defendant was found guilty of aggravated assault and now appeals. We affirm.

Myron Cunningham, the victim, was a prisoner at the Montana State Prison in Deer Lodge, Montana. On August 17, 1987, as he walked through the prison yard, Mr. Cunningham was struck in the eye allegedly by defendant, David DePue. Initially believing the injury to be minor, Mr. Cunningham reported to the infirmary doctors that he had been hit in the eye with a…