Ex Parte Killough

This case is here following an appeal from the conviction of the petitioner, Lee Killough, for violation of § 13A-8-3, Code 1975. The Court of Criminal Appeals affirmed the conviction. We granted a writ of certiorari and now reverse the decision of the appellate court.

It is necessary only to review the facts relevant to the dispositive issue. Hurricane Frederic struck and devastated the coastal counties of Alabama on 12 and 13 September 1979. At that time, the State Department of Civil Defense hired Lee Killough as Director of the Disaster Relief Housing Office. His responsibilities included…