Neely v. Commonwealth

STANLEY, Commissioner.

The appellant, Walter Neely, was convicted of willfully and maliciously shooting at and into a motor vehicle occupied by a person and a penalty of imprisonment for two years was imposed. KRS 435.170(4).

While riding along a highway one night with Molly Phillips, who was driving the car, Neely fired a pistol out the window at and struck an automobile which had just passed that car. Grayson Phillips, Jr., Molly’s stepson, was driving that automobile, which belonged to his brother-in-law, Jim Hunt. Enmity existed between Neely and Phillips. That is the proof of the…