Fleury Ex Rel. Capwell v. Wentorf

The principal issue is whether the homemade toy cannon made by one of the defendants is within the prohibition of the anti-fireworks statute. Other issues are raised and will be referred to in the opinion.

The defendant Eric Wentorf, then age seventeen, made a homemade toy cannon by removing the ends of five or six beer or soda cans and taping them together to form a hollow tube. The bottom end of the bottom can was left intact and a small hole was punched in the side of that can. Lighter fluid was put in the bottom can, a tennis ball inserted in the tube, the contraption was shaken, and then…