Is a half-eaten apple a deadly weapon?

An appeals court got to the core of that question when it considered the case of Gavin T. - a 15-year-old student whose tossed apple sailed through a crack in a door, hit a teacher on the head and knocked her unconscious.The 1st District Court of Appeal said Monday that the assault by fruit wasn't a criminal act.

The court said Gavin, whose last name was not given, was eating lunch outside with some friends when he decided to throw a half-eaten apple at a classroom wall to see it splatter.

By accident, the apple flew through a 12-inch gap in a closing door and hit a teacher who was conducting choir tryouts. The teacher was knocked to the floor and lost consciousness .

Gavin was charged with felony assault. Although a lower court found that he did not intend to hit the teacher, the teen was found guilty anyway - to set an example to other would-be apple tossers.

The appeals court overruled his punishment, saying that Gavin might have deserved a warning - and may have been guilty of littering - but didn't commit a criminal assault.