Stephens v. Stephens

Opinion op the Court by

Judge Thomas.

Affirming.

Appellant, Malcom Stephens, an infant 11 years of age, attended with his mother an apple-peeling given at the home of appellees, William Stephens and wife, iWarena Stephens. William and Warena Stephens were *781the parents of a son, Whetzell Stephens, who is alleged to be “about 11 years of age.”

While in attendance upon the apple-peeling, according to the petition, Whetzell Stephens gave to the appellant some dynamite caps, and informed him at the time that they were empty cartridge hulls, and the appellant, Maleom Stephens, believing them to be such,…