On July 17, 1995, about 1950 central daylight time, an unregistered homebuilt, kit airplane collided with a tree during maneuvering flight near Anniston, Alabama. The aircraft was operated by the owner/pilot under the provisions of 14 CFR Part 91, and visual flight rules. Visual meteorological conditions prevailed. A flight plan was not filed for the personal flight. The student pilot was fatally injured, and the aircraft was substantially damaged. Origination of the flight, moments before the accident, was the Weaver, Alabama, airport, which is adjacent to the police jurisdiction for Anniston, Alabama. After takeoff, the pilot turned left, which took the aircraft over Anniston, Alabama, police jurisdiction. According to the pilot's wife, the engine was heard to sputter. The aircraft reversed course back toward the airport. She noted that the nose of the aircraft porpoised slightly, then the aircraft fell straight down. A police officer stated that the aircraft struck a tree about 60 feet above the terrain, then slid down the tree trunk to the ground. A ballistic parachute, which had not been activated, was found in the wreckage. According to Federal Aviation Administration Records, the pilot was issued a student pilot/third class medical certificate on June 1, 1992, with the restriction that he must wear lenses for distant vision, and possess glasses for near vision. His total civil hours were listed as 160. Following the accident, the engine was mounted on a test stand and operated from idle to 75% of its rated power. It operated smoothly and normally, during the test.