South Dakota Supreme Court April 5, 1995, No. 18734 (State v. Waters)

PER CURIAM.

A jury convicted Mervin Troy Waters (“Waters”) of aggravated assault. SDCL 22-18-1.1. He contends that the information was defective and that the jury should have been instructed on simple assault. We affirm.

FACTS

On Halloween night in 1993, twenty-six-year-old Waters and three companions drove to Bridgewater where they began shooting bottle rockets and firecrackers out of their ear.