State v. Anthony P.

Sievers, Judge.

After a hearing on August 17, 2004, in the separate juvenile court of Lancaster County, the court found that on March 12, Anthony P. had in his possession a destructive device as defined in Neb. Rev. Stat. § 28-1213(7) (Cum. Supp. 2004) in violation of Neb. Rev. Stat. § 28-1220(1) (Reissue 1995), a Class IV felony. Accordingly, the court adjudicated Anthony to be a child meeting the definition of Neb. Rev. Stat. § 43-247(1) (Reissue 2004).

This appeal presents the question of whether the homemade device which Anthony admittedly constructed is a destructive device under Nebraska…