EX PARTE KILLOUGH

81-953.

438 So.2d 333 (1983)

Ex parte Lee KILLOUGH. (Re Lee Killough v. State of Alabama.)

Supreme Court of Alabama.

Rehearing Denied August 5, 1983.


Attorney(s) appearing for the Case

David B. Byrne, Jr. and John M. Bolton, III of Robison & Belser, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.


EMBRY, Justice.

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...

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