Estep v. Commonwealth

NEIKIRK, Judge.

Virgil Estep was convicted in the Leslie Circuit Court of shooting at or into an automobile. KRS 435.170(4). His punishment was fixed by the jury at two years’ confinement in the state penitentiary. He appeals. We affirm.

On the afternoon of May 28, 1971, Bobby Hoskins was driving his automobile toward his home. He was accompanied by his wife and their two small children. All four were riding in the front seat of the car. Mr. and Mrs. Hoskins testified that as they passed the home of Sherman Smallwood they saw appellant near the road behind an automobile. They stated that…