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

No. 22735.

Delivered February 2, 1944.

*607The opinion states the case.

*McIntosh & Duncan,*of Gilmer, for appellant.

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

DAVIDSON, Judge.

This is an appeal from a conviction for possessing whiskey for the purpose of sale in Upshur County, a dry area, with punishment assessed at a fine of $200.00.

An Agent of the Texas Liquor Control Board saw appellant leave a liquor store in Gregg County, with a package in his hand, and saw him get in a car and drive away. He followed the car until it passed into Upshur County, when he stopped it. Harvey Clark was driving the car, and appellant was a passenger therein. A search of the car was made, but no whiskey was found therein. Appellant was asked, “What did you do with the whiskey?” and he said, “I didn’t have any.” The car had been stopped near an embankment by the side of the road. The agent testified further: “I looked down the embankment which was three and a half or four feet high, and there lay a bunch of whiskey just scattered on the ground.” This whiskey, consisting of twelve-half-pint bottles, was recovered and offered in evidence. The agent asked Clark, in appellant’s presence, “who the whiskey belonged to and he said to Morris Huggins” (appellant). To this statement appellant made no reply, nor did he deny same. The twelve half-pint bottles of whiskey, when found, were in a paper sack. The agent testified that, as he drove around the car, after it had stopped, he saw appellant with this paper sack in his hand.

The appellant did not testify as a witness in the case.

It is insisted that, under the facts stated, appellant was entitled to have the jury instructed upon the law of circumstantial evidence. The testimony showing appellant in possession of the sack containing the whiskey, together with Clark’s res gestae statement that the whiskey so found belonged to appellant, made the State’s case one of direct evidence rather than that of circumstantial.

Appellant complains because the trial court, notwithstanding appellant’s request, refused to charge the jury to the effect that, before a conviction would be authorized, the jury had to *608find and believe, from the evidence, not only that appellant owned the whiskey but that it was in his exclusive control and management. Such is not the law. In cases of this character, the possession contemplated is the care, control, and management of the property at the time. Ownership is unnecessary to constitute such possession; nor is the possession required to be exclusive.

The judgment of the trial court is affirmed.

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.
### **CHAPTER 110—EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND THEIR DEPENDENTS**

Sec.
2181.
Definitions.
2182.
Educational assistance: dependents of captives.
2183.
Educational assistance: former captives.
2184.
Termination of assistance.
2185.
Programs to be consistent with programs administered by the Department of Veterans Affairs.

#### **Editorial Notes**

#### Amendments

**1990**—Pub. L. 101–510, div. A, title XIV, §1484(i)(5), Nov. 5, 1990, 104 Stat. 1718, inserted "administered by" after "programs" in item 2185.

**1989**—Pub. L. 101–189, div. A, title XVI, §1621(a)(7)(B), Nov. 29, 1989, 103 Stat. 1603, substituted "programs the Department of Veterans Affairs" for "programs administered by the Veterans' Administration" in item 2185.
Exhibit 34.1b



LOGO

Report of Independent Registered Public Accounting Firm

Tothe Board of Directors of Assurant Inc.:

We have
examined managements assertion, included in the accompanying Report on Assessment of Compliance with §1122(d)(2)(vi), §1122(d)(4)(xi) and §1122(d)(4)(xii) of Regulation AB Servicing Criteria, that American Security Insurance
Company, Standard Guaranty Insurance Company and TrackSure Insurance Agency, Inc. (affiliates of Assurant, Inc., collectively the Company) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange
Commissions Regulation AB for the insurance escrow servicing activities it performs with respect to all mortgage backed securities transactions that were registered after January 1, 2006 with the Securities and Exchange Commission
pursuant to the Securities Act of 1933 (the Platform), as of December 31, 2016 and for the year then ended,excluding criteria §1122(d)(1)(i) through §1122(d)(1)(v), §1122(d)(2)(i) through §1122(d)(2)(v),
§1122(d)(2)(vii), §1122(d)(3)(i) through §1122(d)(3)(iv), §1122(d)(4)(i) through §1122(d)(4)(x) and §1122(d)(4)(xiii) through §1122(d)(4)(xv), which the Company has determined are not applicable to the activities
performed by it with respect to the Platform. Management is responsible for the Companys compliance with the servicing criteria. Our responsibility is to express an opinion on managements assertion based on our examination.

Our examination was conducted in accordance with attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly,
included examining, on a test basis, evidence about the Companys compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of
selected servicing activities related to the Platform, and determining whether the Company performed those selected activities in compliance with the applicable servicing criteria. Our procedures were limited to the servicing activities performed by
the Company during the period covered by this report. Our procedures were not designed to detect noncompliance arising from errors that may have occurred prior to or subsequent to our tests that may have affected the balances or amounts calculated
or reported by the Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Companys compliance with the
servicing criteria.

In our opinion, managements assertion that American Security Insurance Company, Standard Guaranty Insurance Company,
and TrackSure Insurance Agency, Inc. complied with the aforementioned applicable servicing criteria as of and for the year ended December 31, 2016 for the Platform is fairly stated, in all material respects.



LOGO

February 15, 2017





PricewaterhouseCoopers LLP, 1075 Peachtree Street,
Atlanta, GA 30309-3851

T: (678) 419 1000, www.pwc.com/us
§ 151.3 What is the Secretary's land acquisition policy? ( a ) It is the Secretary's policy to acquire land in trust status through direct acquisition or transfer for individual Indians and Tribes to strengthen self-determination and sovereignty, ensure that every Tribe has protected homelands where its citizens can maintain their Tribal existence and way of life, and consolidate land ownership to strengthen Tribal governance over reservation lands and reduce checkerboarding. The Secretary retains discretion whether to acquire land in trust status where discretion is granted under Federal law. Land not held in trust or restricted status may only be acquired for an individual Indian or a Tribe in trust status when the acquisition is authorized by Federal law. No acquisition of land in trust status under these regulations, including a transfer of land already held in trust or restricted status, shall be valid unless the acquisition is approved by the Secretary.
( b ) Subject to the provisions of Federal law authorizing trust land acquisitions, the Secretary may acquire land for a Tribe in trust status: ( 1 ) When the land is located within the exterior boundaries of the Tribe's reservation or contiguous thereto;
( 2 ) When the Tribe already owns an interest in the land; or
( 3 ) When the Secretary determines that the acquisition of the land will further Tribal interests by establishing a Tribal land base or protecting Tribal homelands, protecting sacred sites or cultural resources and practices, establishing or maintaining conservation or environmental mitigation areas, consolidating land ownership, reducing checkerboarding, acquiring land lost through allotment, protecting treaty or subsistence rights, or facilitating Tribal self-determination, economic development, Indian housing, or for other reasons the Secretary determines will support Tribal welfare.
( c ) Subject to the provisions contained in Federal law which authorize land acquisitions or holding land in trust or restricted status, the Secretary may acquire land in trust status for an individual Indian: ( 1 ) When the land is located within the exterior boundaries of an Indian reservation, or contiguous thereto; or
( 2 ) When the land is already in trust or restricted status.
Document

Exhibit 10.3



AppHarvest, Inc.
Amendment No. 1 2021 Employee Stock Purchase Plan 
Adopted by the Board of Directors: August 10, 2021


A.    AppHarvest, Inc., a Delaware public benefit corporation (the “Company”) previously established the Company’s 2021 Employee Stock Purchase Plan (the “ESPP”); 


B.    The ESPP currently provides for certain automatic increases in the number of shares reserved for future issuance pursuant to the ESPP (the “Evergreen Provision”); and


C.    The Company now wishes to amend the ESPP to remove the Evergreen Provision.


Now therefore, effective immediately, the ESPP is amended as follows:


1.    Section 3(a) is amended and restated to read in full as follows:
“(a)    Subject to the provisions of Section 11(a) relating to Capitalization Adjustments, the maximum number of shares of Common Stock that may be issued under the Plan will not exceed 2,005,392 shares of Common Stock. For the avoidance of doubt, up to the maximum number of shares of Common Stock reserved under this Section 3(a) may be used to satisfy purchases of Common Stock under the 423 Component and any remaining portion of such maximum number of shares may be used to satisfy purchases of Common Stock under the Non-423 Component."
In all other respects, the ESPP remains the same.
[Signature Page Follows]












In Witness Whereof, the Company has caused this Amendment to the ESPP to be executed as of the date as of August 10, 2021.
                    AppHarvest, Inc.




                    
By: /s/ Jonathan Webb                
                            Jonathan Webb
                            Chief Executive Officer


2.
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### §1001. Reference to chapter 1219

Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).

(Added Pub. L. 103–337, div. A, title XVI, §1662(h)(5), Oct. 5, 1994, 108 Stat. 2997.)

#### **Editorial Notes**

#### Prior Provisions

Prior sections 1001 and 1002 were renumbered sections 12641 and 12642 of this title, respectively.

A prior section 1003, act Aug. 10, 1956, ch. 1041, 70A Stat. 79, related to age limitations for reserve officers, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§1662(h)(3), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994.

Prior sections 1004 to 1007 were renumbered sections 12644 to 12647 of this title, respectively.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
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1

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-18-00011-CR

____________________

JAMEEL ANTOINE JOSEPH, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________ ______________

On Appeal from the 221st District Court

Montgomery County, Texas

Trial Cause No. 17-02-01698-CR

________________________________________________________ _____________

MEMORANDUM OPINION 

Jameel Antoine Joseph has filed a motion to dismiss his appeal. See Tex. R. 

App. P. 42.2. A request to dismiss the appeal is signed by appellant personally and 

joined by counsel of record. No opinion has issued in this appeal. The motion is 

granted, and the appeal is therefore dismissed.

APPEAL DISMISSED.
2

 ________________________________

 HOLLIS HORTON

 Justice

 

Submitted on June 12, 2018

Opinion Delivered June 13, 2018

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.
### SUBCHAPTER II—LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES

Sec.
4861.
Determinations of public interest under chapter 83 of title 41.
4862.
Requirement to buy certain articles from American sources; exceptions.
4863.
Requirement to buy strategic materials critical to national security from American sources; exceptions.
4864.
Miscellaneous limitations on the procurement of goods other than United States goods.
meec_1025.htm

EXHIBIT 10.25
  
 CONVERSION FORM
 (IN CONNECTION WITH OFFER LETTER FROM COMPANY DATED JUNE 14, 2021)
 12.0% Unsecured Convertible Promissory Notes
 MIDWEST ENERGY EMISSIONS CORP.
  
 1. The undersigned is the record and beneficial owner of the 12.0% 2019-Unsecured Convertible Promissory Note identified below (the “Note”) of Midwest Energy Emissions Corp., a Delaware corporation (the “Company”). Capitalized terms used in this Conversion Form and not otherwise defined shall have the meaning ascribed thereto in the Note. 
  
 2. The undersigned hereby irrevocably exercises the option to convert the full principal amount of the Note of the Company into the number of shares of Common Stock set forth below at the conversion price of $0.50 per share. In addition thereto, and notwithstanding anything to the contrary contained in the Note, the Company has agreed to issue, and the undersigned hereby irrevocably elects to accept, the number of shares of Common Stock set forth below at the rate of $1.00 per share, for all accrued and unpaid interest, and additional interest through September 30, 2021, in lieu of the payment of interest in cash as provided for in the Note upon conversion. 
   
 	  
	 No. of Shares (Conversion of Principal):
	 ______________________

	  
	  
	  

	  
	 Interest Shares (through June 30, 2021):
	 ______________________

	  
	  
	  

	  
	 Additional Interest Shares (July 1 through Sept. 30, 2021):
	 ______________________

	  
	  
	  

	  
	 Total No. of Shares:
	 ______________________


       
 3. The undersigned has full power and authority to execute this Conversion Form and directs that the shares of Common Stock issuable upon conversion be issued and delivered to the undersigned.
  
 4. Upon delivery of the shares of Common Stock set forth above to the undersigned, the Note shall be deemed paid in full and the Company will have no further liability thereunder. 
  
 5. Signature delivered via facsimile or other electronic means shall be deemed an original signature hereto. 
  
 IN WITNESS WHEREOF, the undersigned has executed this Conversion Form as of the date set forth below. 
  
 	 Dated: _______________
	  
	  
	  

	  
	  
	 Name of Holder of Note
	  

	  
	  
	  
	  

	  
	  
		  

	  
	  
	 Signature and title (if applicable)
	  

	  
	  
	  
	  

	  
	  
	 MEEC-CN-2019-
	
	  
	  
	 Promissory Note No. 
	  

	  
	  
	  
	  

	  
	  
	 U.S. $
	  

	  
	  
	 Original Principal Amount
	  


    
  	 Accepted and Agreed:
	  

	  
	  
	  

	 Midwest Energy Emissions Corp.
	  

	  
	  
	  

	 By:
		  

	 Name:
	  
	  

	 Title:
RIDGEWOOD ELECTRIC POWER TRUST V
                                Exhibit 32.2
                                ------------
                          CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION 1350,
                           AS ADOPTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,  Christopher  Naunton,  Chief Financial  Officer of Ridgewood  Electric Power
Trust  V.  (the   "Registrant"),certify,   pursuant   to  Section   906  of  the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Registrant for the period ended
March 31, 2003 (the "Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d));
and

(2) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated: January 16, 2004

                                       Signature:

                                       /s/ Christopher Naunton
                                       --------------------------------
                                       Christopher Naunton
                                       Chief Financial Officer
##### 



MIDLAND CAPITAL HOLDINGS CORPORATION
 EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 Date: May 15, 2006
    
    BY:
    
    /s/ Paul Zogas

Paul ZogasPresident, Chief Executive Officer
and Chief Financial Officer
From: Rod Beever [mailto:rbeever@unitedcoolair.com] 

Sent: Friday, October 05, 2012 10:02 AM 

To: Cymbalsky, John; Adin, Lucas; Barhydt, Laura; Tong, Clarence 

Cc: Athar Khan; Neil Tucker; Jack Bardol; maureen_o'dea@casey.senate.gov; 

brett_doyle@toomey.senate.gov; kevin_stanton@casey.senate.gov

Subject: Meeting 10-2-12 at DOE 

Thank you for providing the opportunity to meet with your group to discuss the regulations for 

commercial air conditioning as it relates to small business. 

Our conversation included the following: 

1. An explanation about the definition of “Basic Model” and how it relates to the number of units 

to be tested. 

2. The impact of how unit options can be handled in relation to how United CoolAir defines our 

Basic Models. 

3. We discussed the fact that single phase units are not only residential, but are also applied in 

commercial applications. 

4. The AEDM can be a variety of methods and the software United CoolAir uses is acceptable for 

this purpose. 

5. Only the rating point needs to be run in the AEDM. 

6. We discussed how our “niche” type products had to be addressed for testing (possibly requiring 

a test procedure waiver). 

7. If United CoolAir cannot meet the efficiency requirements with the type of products that we 

manufacture, then we can go to the Office of Hearing and Appeals to present our case. 

8. United CoolAir will go back and research the Regulatory Flexibility Act data that was published in 

the Federal Register. 

9. United CoolAir will confirm how all of our products relate to definitions for the various product 

classes and also relative to the ASHRAE Standards. (Regulatory & Statutory) 

Again, thank you for providing the opportunity to present our view of how small business is impacted by 

the regulations and to obtain clarification and some direction on the regulations. 

Rod Beever 

Vice President 

United CoolAir Corp. 

491 E. Princess St. 

York, PA 17403 

Tel (717) 843-4311 (x 113) 

Fax (717) 854-4462 

Email: rbeever@unitedcoolair.com

www.unitedcoolair.com

NOTICE – This communication (including any attachments) may contain confidential, proprietary and privileged information 

that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by 

unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying 

to the message and deleting it and any attachments from your computer and destroying any printed versions. 
In attendance at meeting: From DOE: John Cymbalsky; Lucas Adin; Laura Barhydt; Clarence Tong, 

Ashley Armstrong 

From United CoolAir: Rod Beever, Athar Khan 

From Senator Casey: Maureen O’Dean, Brett Doyle, Kevin Stanton
#### Elizabeth R. Taylor, Respondent, v. Anthony A. Lisman, Doing Business under the Firm Name of Anthony A. Lisman & Company, Appellant.

Motion for leave to appeal to the Court of Appeals denied. Present—Woodward, Jenks, Gaynor, Rich and Miller, JJ.