alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Erwin Lutz v. The State.

No. 22841.

Delivered May 3, 1944.

*237The opinion states the case.

*Grover C. Morris,*of San Antonio, for appellant.

*Ernest-S. Goens,*State’s Attorney, of Austin, for the State.

KRUEGER, Judge.

The conviction is for the offense of aggravated assault. The punishment is assessed at a fine of $500.00.

It was charged, in substance, in the complaint and information that on or about the 14th day of December, 1943, Erwin Lutz, in Medina County, Texas, did in and upon Jacob Lutz, commit an aggravated assault; the said Erwin Lutz then and there being a person of robust health and strength, and the said Jacob Lutz, then and there being aged and decrepit. It will be noted from the allegation in the complaint and information that the State undertook to charge two phases of the offense under subdivision 4 of Article 1147, P. C.

In the case of Hallman v. State, 18 S. W. (2d) 652, 113 Tex. Cr. R. 100, this court held that the term “aged” in the statute is not sufficient to comply with the legal requirement that the offense be definitely defined before.a conviction under it can be sustained. The opinion in that case seems to be predicated mainly upon Article 6, P. C., which declares a penal statute to be inoperative which is so indefinitely framed, or of such doubtful construction, that it cannot be understood, either from the language in which it is expressed, or from some other written law of the state. Consequently that phase of the offense charged is too uncertain and indefinite. Therefore, we have merely that phase of the offense left in the information which charges that the assault was committed upon a “decrepit” person. If the evidence is sufficient to sustain the conviction under that phase of the law, then the judgment of the trial court should be affirmed. Looking to the testimony adduced upon the trial, we find no evidence that the assaulted party was a “decrepit” person within the meaning of the term.

*238In the case of Hall v. State, 16 Tex. Cr. App. 6, and also in Little ,v. State, 135 S. W. 119, 61 Tex. Cf. R. 197, this court set forth a legal definition of the term “decrepit” in the following language:

> “We understand a decrepit person to mean one who is disabled, incapable, or incompetent, from either physical or mental weakness or defects so as to render the individual comparatively helpless in a. personal conflict with one possessed of ordinary health and strength.”

See also 4 Tex. Jur., p. 856, sec. 22.

Having reached the conclusion that the evidence is insufficient to sustain the conviction of aggravated assault under the allegations in the information, the judgment of the trial court is reversed and the cause remanded.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Exhibit 31.4

Certification of Chief Financial Officer

I, Eric H. Bjerkholt, certify that:



|1. | I have reviewed this Amendment No. 1 to Quarterly Report on Form 10-Q/A of Sunesis Pharmaceuticals, Inc.; and
|-- | -------------------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                                                                                                                            
|------------------- |  | ---------------------------------------------------------------------------------------------------------------------------
|Date: June 30, 2011 |  | /s/ Eric H. Bjerkholt                                                                                                      
|                    |  | Eric H. Bjerkholt Senior Vice President, Corporate Development and Finance, Chief Financial Officer and Corporate Secretary
Exhibit 32.2


CERTIFICATION OF CO-CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES‐OXLEY ACT OF 2002





I, Mark Gatto, Co-Chief Executive Officer, in connection with the Annual Report of CĪON Investment Corporation (the “Company”) on Form 10-K for the year ended December 31, 2018, as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|   |                                                                                                                                                                                                                                                                                                                                                                                                                                                
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | The Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities                                                                                                                                                                                                                                                                                                        Exchange Act of 1934, as amended; and




|   |                                                                                                                                                            
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date: March 18, 2019

















/s/ Mark Gatto


Mark Gatto


Co-Chief Executive Officer


(Principal Executive Officer)


CĪON Investment Corporation
### Cretaceous and Tertiary formations of the Book Cliffs, Carbon, Emery, and Grand Counties, Utah, and Garfield and Mesa Counties, Colorado

By: D.J. FisherC. E. ErdmannJ. B. Reeside Jr.

                            https://doi.org/10.3133/pp332

#### Links

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- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
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# Secretary Kerry Travels to New Delhi for Strategic Dialogue

By Jen PsakiDepartment Spokesperson

                Washington, DC  –              

Secretary Kerry will travel to New Delhi for the 5th U.S.-India Strategic Dialogue, which he will co-chair with Indian Minister of External Affairs Sushma Swaraj on July 31. Secretary Kerry will be accompanied by U.S. Secretary of Commerce Penny Pritzker, who will lead discussions to strengthen economic ties between the U.S. and India. Other members of the interagency, including Deputy Secretary of Energy Daniel Poneman, Department of Homeland Security Under Secretary Francis Taylor, and NASA Associate Administrator Michael O'Brien, are also scheduled to join the trip.

In addition to holding the Strategic Dialogue, Secretary Kerry will meet Prime Minister Narendra Modi, the first Cabinet-level meeting with a U.S. official since the inauguration of the new Indian Government. Discussion will cover the full range of bilateral issues, including expanding bilateral trade, tackling climate change, improving India’s energy security through cooperation in clean energy and energy access, and expanding our already robust people-to-people ties. Secretary Kerry’s visit underscores the importance of the U.S.-India partnership, and will lay the groundwork for Prime Minister Modi’s September visit to the United States.

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```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 104 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        March 16, 1999.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 819) to authorize appropriations for the Federal Maritime Commission 
for fiscal years 2000 and 2001. The first reading of the bill shall be dispensed 
with. General debate shall be confined to the bill and shall not exceed one hour 
equally divided and controlled by the chairman and ranking minority member of 
the Committee on Transportation and Infrastructure. After general debate the 
bill shall be considered for amendment under the five-minute rule. The bill 
shall be considered as read. During consideration of the bill for amendment, the 
Chairman of the Committee of the Whole may accord priority in recognition on the 
basis of whether the Member offering an amendment has caused it to be printed in 
the portion of the Congressional Record designated for that purpose in clause 8 
of rule XVIII. Amendments so printed shall be considered as read. The Chairman 
of the Committee of the Whole may: (1) postpone until a time during further 
consideration in the Committee of the Whole a request for a recorded vote on any 
amendment; and (2) reduce to five minutes the minimum time for electronic voting 
on any postponed question that follows another electronic vote without 
intervening business, provided that the minimum time for electronic voting on 
the first in any series of questions shall be 15 minutes. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and report the 
bill to the House with such amendments as may have been adopted. The previous 
question shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit with or 
without instructions.
            Attest:

                                                                          Clerk.
```
#### § 115.712 What is the interest rate earned on money in a trust account?

The rate of interest on a trust account changes based on how the money is invested and how those investments perform.
#### § 1000.358 Can an initial review of the status of the trust asset be conducted?

If the parties agree and it is practical, the Secretary may determine the status of the trust resource at the time of the transfer of the function or at a later time.
An official website of the United States government         Here's how you know         
**Official websites use .mil**
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 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

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U.S. Indo-Pacific Command

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-  Home		 
-  Leadership    -  Commander         
  -  Deputy Commander         
  -  Chief of Staff         
  -  Senior Enlisted Leader 
-  About USINDOPACOM    -  History         
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-  Organization    -  Organization Chart 
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-  Contact    -  Directory         
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-  JTF - Red Hill		 
-  JTF-Micronesia		 

Home : Media : News : News Article View

# SECNAV Challenges DON Leadership to Champion Navy-Marine Corps Resilience, Readiness

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Exhibit 33.3

[PHH LOGO]

REPORT ON ASSESSMENT
OF COMPLIANCE WITH REGULATION AB SERVICING CRITERIA

PHH Mortgage Corporation (the Asserting Party) is responsible for assessing compliance as
of December 31, 2013 and for the period from January 1, 2013 through December 31, 2013 (the Reporting Period) with the servicing criteria set forth in Section 229.1122(d) of the Code of Federal Regulations (the
CFR), except for criteria set forth in Section 229.1122(d)(3)(i)(c), (d)(4)(xv) and (d)(1)(iii) of the CFR, which the Asserting Party has concluded are not applicable to the servicing activities it performs with respect to the
transactions covered by this report (the Applicable Servicing Criteria). The criteria set forth in Section 229.1122 (d)(2)(i), (d)(2)(ii), (d)(4)(iv), (d)(4)(vii), (d)(4)(viii) and (d)(4)(xi) of the CFR are performed by outsource
providers on behalf of the Asserting Party; however, the Asserting Party has monitored the outsourcing of these criteria and assumes responsibility for compliance. The transactions covered by this report include all non-agency loan sale agreements
executed after January 1, 2006 as well as all re-securitization transactions after January 1, 2006 for which the Asserting Party served as servicer (the Platform).

The Asserting Party has assessed its compliance with the Servicing Criteria as of December 31, 2013 and for the Reporting Period and has concluded that
the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria with respect to the Platform taken as a whole. Except the following was noted:



|                |  |                                                                                                                                                                                 
|--------------- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Standard        |  | Description                                                                                                                                                                     
|                | 
|1122(d)(4)(vii) |  | During the year ended December 31, 2013, it was determined certain foreclosure proceedings were not concluded in accordance with the published Fannie Mae foreclosure timelines.

Deloitte & Touche, an independent registered public accounting firm, has issued an attestation report on the
assessment of compliance with the Servicing Criteria for the Reporting Period as set forth in this assertion.

PHH Mortgage Corporation

Date: February 28, 2014

/s/ David E. Tucker

David E. Tucker

President

/s/ Martin L. Foster

Martin L. Foster

Senior Vice President  Loan Servicing
#### § 1000.191 To whom does this subpart apply?

Participating and non-participating Tribes/Consortia and Tribal organizations are subject to this subpart. It does not apply to the general public and non-Indians.
#### § 21.35 OMB control numbers.

To display OMB control numbers in agency regulations, those numbers shall be placed parenthetically at the end of the section or displayed in a table or codified section.

[50 FR 12468, Mar. 28, 1985]
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Konop’s

motion to have oral argument held in Pasadena, California, is denied. 

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In the Matter of: HAWAIIAN AIRLINES,

INC., Chapter 11 bankruptcy,

 Debtor.

ROBERT C. KONOP,

 Appellant,

 v.

HAWAIIAN AIRLINES, INC., a Hawaii

Corporation,

 Appellee.

No. 09-16079

D.C. No. 1:09-cv-00012-HG-LEK

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

Helen Gillmor, District Judge, Presiding

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

FILED

OCT 27 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-16079

Robert C. Konop appeals pro se from the district court’s judgment affirming

the bankruptcy court’s order sustaining Hawaiian Airlines’ Second Supplemental

Objection to Claim No. 72. We have jurisdiction under 28 U.S.C. §158(d). We

review decisions of the bankruptcy court independently without deference to the

district court’s determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857

(9th Cir. 2004). We affirm.

The bankruptcy court did not err in determining that it had jurisdiction to

decide the Second Supplemental Objection to Claim No. 72. See Rains v. Flinn (In

re Rains), 428 F.3d 893, 904 (9th Cir. 2005) (bankruptcy court retains jurisdiction

as long as it does not expand or alter the prior order that is on appeal).

Further, the bankruptcy court did not err in determining that James Gardner

was a “user” under the Stored Communications Act (“SCA”), who authorized

James Davis to access Konop’s website. See 18 U.S.C. § 2510(13). Because

liability is not triggered by “conduct authorized” by a “user” under the SCA, the

bankruptcy court did not err by disallowing damages alleged in Claim No. 72

based on Davis’s access to Konop’s website using Gardner’s password. See

18 U.S.C. § 2701(c)(2). 

Konop’s remaining contentions are unpersuasive.

Konop’s request for judicial notice is denied. 

AFFIRMED.