alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William R. Myers v. State of Nebraska.

Filed March 17, 1898.

No. 9825.

Rape: Consent: Evidence. Under section 12, chapter 4, Criminal Code, it is not necessary to show want of consent on the part of the female to sustain a conviction for rape, or for an offense the elements of which are included within such charge of rape.

Error to the district court for Lincoln county. Tried below before Crimes, J.

*Affirmed.*

*298
      *Wilcox & Halligan,*for plaintiff in error.

*C. J. Smyth, Attorney General,*and *Ed P. Smith, Deputy Attorney General,*for the state.

Ryan, O.

In this case-the information filed in the district court of Lincoln county charged that on or about June 14, 1897, William R. Myers, in said county, being a male person of the age of eighteen years and upwards, did knowingly, willfully, unlawfully, and feloniously carnally know and abuse one Ethel Griffith, a female child under the age of eighteen years of age and previously chaste. The verdict of the jury was that the accused was guilty of an assault with intent to commit rape upon the person of Ethel Griffith. The accused was thereupon sentenced to imprisonment in the penitentiary for a term of two years. The testimony of the prosecuting witness was to the effect that Myers fully accomplished his purpose, and, corroborated as this was by the testimony of the sheriff as to admissions made by the accused, we are at a loss to understand the theory on which the jury could conclude that there was but an assault with intent to commit rape. The ages of the prosecuting witness and of the accused were sufficiently established a 3 averred in the information” though there was sufficient evidence to have justified the jury in concluding that the prosecuting witness at the time of the alleged offense was at least eighteen years of age. As already indicated, there was sufficient proof of the consummation of the crime alleged, and the accused cannot complain that the jury refused to act logically to his disadvantage. The lesser offense was included within the charge of the greater, even though, in fact, there might have been consent. *(Davis v. State,*31 Neb. 247.)

It is urged that the court did not define an assault, but to this urn cannot yield assent, for while it is true that there was no express definition of an assault, there was *299in one instruction a statement of the theory of the accused very favorable to him, and the jury were told that if they found the facts as claimed under said theory, they should find for the defendant. On this point he had all, and, as we think, even a little more, ihan he was entitled to. In prosecutions under the statute pursuant to which the information in this case was draivn the consent of the prosecuting witness was an immaterial consideration, and the district court properly so ruled. There is found no error in the record and the judgment of the district court is

Affirmed.
#### § 222.58 When a child is living with an employee.

A child is living with the employee if the child normally lives in the same household with the employee and the employee has parental control and authority over the child's activities. The child is considered to be “living with” the employee while they are living apart if they expect to live together again after a temporary separation. A temporary separation may include the employee's absence because of working away from home or hospitalization. However, the employee must have parental control and authority over the child during the period of temporary separation. A child who is in active military service or in prison is not “living with” the employee, since the employee does not have parental control over the child.
#### City Bank Farmers Trust Company, as Executor of Philip Kiamie, Deceased, Respondent, v. Fouad Kiamie, Individually and as Executor of Najeeb Kiamie, Deceased, et al., Appellants.

No opinion. Present — Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ.
Exhibit 13.1
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
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), as applicable, 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.
  By:
    /s/ Yichin LEEYichin LeeChief Executive Officer
1

 
collectively as the “*Prior Amendments*”); and     **WHEREAS**, the Parties wish to amend the terms and conditions of the Original Game LicenseAgreement and the Prior Amendments as set forth below.**NOW, THEREFORE,**in consideration of the mutual promises and covenants contained herein and forother good and valuable consideration, the Parties hereto agree as follows (capitalized terms usedbut not defined herein shall have the meanings ascribed thereto in the Original Game LicenseAgreement):**1.** The definition of Article 1 “Gross Revenue” shall be deleted in its entirety and replacedwith the clause set forth below“Gross Revenue” shall mean all recognized revenues basedupon the face value of prepaid card and any other revenues recognized by Shanda inaccordance with generally accepted accounting principles in theUnited States of America that isgenerated from the sale and distribution of the Shanda Version in theTerritory, including but not limited to the sale of Prepaid cardswith access codes that are used to transfer game points are deducted as the End User accesses the Shanda Version and/or fromwhich such game points are deducted when the End User purchasesvalue-added items that can be used when accessing the Shanda Version, provided however, that Gross Revenue shallnot include (i) revenue generated from online advertisementsplaced on Shanda’s websites or on the websites that host theShanda Version, nor (ii) revenue retained by distributors in theform of a discount from the face vales of the prepaid cards, or anyfees paid to third parties for payment collection services relating to the ShandaVersion. For avoidance of doubt, any fees or commissions paid to third parties fordistribution or out-sourcing service relating to Shanda Version including, but notlimited to channelling fees and consignment fees shall not bededucted from Gross Revenue.This Definition of “Gross Revenue” shall be retroactively effective as of July 29, 2010.**2.** Article 4.2 “Game Services and Support -(ix) Technical Staff” shall be deleted inits entirety and replaced with the clause set forth below:Gravityshall dispatch one (1) technical support staff (the“*Technical Staff*”) at Shanda’s headquarter in Shanghai to perform maintenance services for the Shanda Version on a full time basis from the Effective Date of this Amendment to expiration ortermination hereof.
2

 
Shanda agrees to be responsible for the expenses and cost accrued by the Technical Staffin the actual amount incurred for the followings till the expiration of this Amendment:
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 24,290

 24,824

 22,538

 21,630

 22,068

 24,155

 25,344

 23,302

 26,033

 25,949

 29,533

 28,689

 28,120

 25,508

 26,419

 24,532

 21,616

 22,456

 21,780

 25,803

 26,277

 29,112

 29,098

 27,420

 29,913

 28,777

 27,670

 27,821

 25,598

 24,614

 11,573

 12,316

 15,164

 14,213

 12,475

 9,159

 8,933

 12,920

 8,368

 15,889

 16,416

 9,639

 10,355

 7,981

 12,558

 11,227

 9,372

 14,302

 8,436

 13,903

 11,003

 16,301

 15,057

 15,425

 15,431

 15,076

 14,587

 10,283

 14,148

 15,046

 19,691

 20,742

 19,770

 18,949

 18,320

 18,481

 17,587

 17,803

 18,693

 20,926

 21,805

 20,397

 18,587

 16,744

 20,195

 19,918

 17,971

 18,121

 16,494

 19,251

 20,461

 20,903

 21,388

 21,720

 22,035

 21,409

 21,091

 19,532

 19,859

 20,254

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JUNE 2014 WATER QUALITY REPORT RUN DATE: July 31, 2014

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO TOP IN SUISUN BAY
-83 -82 -81 -80 -79 -78 -77 -76

 37

 38

 39

 40

 41

★

▲

▲

▲

▲

★ ▲ ▲ ▲ ▲

 500

 1000

 1500

 100

18 12 06 00

06/18

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 18 Jun 07

 EDAS Meteorological Data

Source

★ at 38.48 N 77.37 W Meters AGL
#### In the Matter of the Application of the Board of Supervisors of Putnam County, Respondent, to Acquire, etc., Certain Real Estate, etc. James F. Thompson and Others, Appellants; Putnam Valley-Tompkins Corners County Highway. Road No. 974.

Order of the County Court of Putnam county in so far as appealed from affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P. J., Carr, Rich, Stapleton and Putnam, JJ., concurred.
§ 202.12 Evidence of termination of employer status. ( a ) In determining whether a cessation of an essential characteristic, such as control or service in connection with railroad transportation, has occurred, consideration will be given only to those events or actions which evidence a final or complete cessation. Mere temporary periods of inactivity or failure to exercise functions or to operate equipment or facilities will not necessarily result in a loss of employer status.
( b ) The actual date of cessation of employer status shall be the date upon which final or complete cessation of an essential employer characteristic occurs. The following indicate but do not delimit the type of evidence that will be considered in determining the actual date of cessation of an employer status: stoppage of business or operations; the cancellation of tariffs, concurrences, or powers of attorney filed with the Interstate Commerce Commission; the effective date of a certificate permitting abandonment; the effective date of a pertinent judicial action such as the discharge of a receiver, trustee, or other judicial officer, or an order approving sale of equipment or machinery; the sale, transfer, or lease of property, equipment, or machinery essential to the continuance of an employer function or to control by a carrier employer; public or private notices of contemplated or scheduled abandonment or cessation of operations; termination of contract; discharge of last employee; date upon which the right of a railway labor organization to participate in the selection of labor members of the National Railroad Adjustment Board ceases or is denied; and date on which an employer, if a labor organization, ceases to represent or is denied the right to represent crafts or classes of employees in the railroad industry, or to promote the interests of employees in the railroad industry.
( c ) In the absence of evidence to the contrary the employer status of an existing company or person shall be presumed to continue, and in accordance with § 250.1(b) of this chapter it is the duty of each employer promptly to notify the Board of any change in operations affecting such company's status as an employer.
[Board Order 41-85, 6 FR 1210, Mar. 1, 1941]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           3,210
<SECURITIES>                                         0
<RECEIVABLES>                                   40,161
<ALLOWANCES>                                         0
<INVENTORY>                                     54,563
<CURRENT-ASSETS>                                97,934
<PP&E>                                         191,511
<DEPRECIATION>                                  26,334
<TOTAL-ASSETS>                                 777,274
<CURRENT-LIABILITIES>                          616,208
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,287
<OTHER-SE>                                     123,420
<TOTAL-LIABILITY-AND-EQUITY>                   777,274
<SALES>                                         83,473
<TOTAL-REVENUES>                                83,473
<CGS>                                           94,911
<TOTAL-COSTS>                                   94,911
<OTHER-EXPENSES>                               505,003
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,640
<INCOME-PRETAX>                              (513,381)
<INCOME-TAX>                                       502
<INCOME-CONTINUING>                          (513,883)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (513,883)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 224.05

 223.73

 224.52

 224.01

 223.64

 222.83

 222.07

 223.35

 224.48

 222.79

 222.70

 222.29

 222.31

 221.96

 221.26

 222.05

 220.92

 222.97

 223.42

 222.38

 222.45

 222.45

 221.36

 222.14

 221.42

 221.11

 221.41

 221.04

 221.52

 222.66

 53,861

 53,001

 55,130

 53,754

 52,759

 50,593

 48,571

 51,982

 55,022

 50,486

 50,246

 49,155

 49,208

 48,282

 46,442

 48,517

 45,551

 50,966

 52,169

 49,394

 49,580

 49,580

 46,705

 48,756

 46,863

 46,049

 46,836

 45,865

 47,125

 50,139

STORAGE

+4,493

-860

+2,129

-1,376

-995

-2,166

-2,022

+3,411

+3,040

-4,536

-240

-1,091

+53

-926

-1,840

+2,075

-2,966

+5,415

+1,203

-2,775

+186

+0

-2,875

+2,051

-1,893

-814

+787

-971

+1,260

+3,014

CHANGE

1,960

2,038

1,631

1,519

1,473

1,518

1,636

1,910

2,115

746

1,206

1,321

1,640

1,681

1,706

1,733

345

0

397

1,288

1,476

1,520

1,559

1,380

1,215

1,008

848

1,018

1,226

1,366

PUMPING

 6,263

 6,973

 7,490

 7,764

 7,268

 7,227

 7,257

 5,853

 6,406

 7,053

 6,377

 7,109

 6,557

 6,341

 6,232

 5,491

 6,257

 6,219

 6,291

 6,297

 5,870

 5,362

 5,407

 6,380

 6,499

 6,506

 6,452

 5,923

 5,017

 5,299

PUMPING

 0

 763

 0

 1,145

 0

 762

 950

 760

 763

 3,215

 0

 0

 1,520

 2,846

 2,840

 1,703

 0

 0

 2,279

 3,051

 2,459

 3,026

 3,778

 942

 2,072

 1,695

 753

 0

 0

 0

PUMPING

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

GEN.

*

+249

-229

-303

-276

-275

-288

-337

+78

+213

-98

-164

-190

-188

-30

-137

-19

-355

+151

-49

-264

-39

-363

-365

-202

-83

-129

-78

-337

-133

+265

OR

UNITED STATES 

DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION

CONSOLIDATED STATE-FEDERAL O'NEILL FOREBAY October 1, 2019

DAILY OPERATIONS

SEPTEMBER 2019 RUN DATE:

IN LAKE GEN.

ACRE-FEET O'NEILL

RELEASE - C.F.S. 

TOTALS +771 40,479 0 37,322 191,440 -3,975

ACRE-FEET +771 80,290 0 74,028 379,721

SUMMARY

 0

RELEASE (ACRE-FEET)

O'NEILL GEN. 0

SAN LUIS PUMP 74,028 0

 49,368

DOS AMIGOS PUMP 379,721

DELIVERIES 

S. LUIS O'NEILL

 577

 0

 1,296

 721

 0

 0

 0

 0

 0

 672

 2,464

 2,390

 0

 0

 0

 0

 1,167

 1,742

 1,159

 0

 0

 0

 0

 0

 0

 0

 0

 1,214

 1,325

 0

 14,727

 29,211

CALIF. DOS AMIGOS

AQUEDUCT

5,742

5,493

5,940

6,251

5,569

5,667

5,889

6,345

6,375

6,662

2,750

3,038

6,651

7,070

6,576

6,525

3,605

7,055

7,671

6,926

6,987

7,232

6,541

7,177

6,484

6,912

6,832

3,539

3,235

5,187

 177,926

 352,916

S. LUIS

DELIV.

GAINS(+)

LOSS(-)

C.F.S.

INFLOW - C.F.S.

STATE OF CALIFORNIA

THE RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE WATER PROJECT

TOTAL 453,749

-7,884

* DAILY DEL. FIGURES UNAVAILABLE. TOT. DEL. IS INCLUDED IN COMPUTING MONTHLY TOTALS
### §§1506 to 1508. Repealed. Pub. L. 100–690, title I, §1009, Nov. 18, 1988, 102 Stat. 4188, as amended by Pub. L. 105–20, §2(b), June 27, 1997, 111 Stat. 234; Pub. L. 115–271, title VIII, §8203(a)(3), Oct. 24, 2018, 132 Stat. 4111; Pub. L. 116–74, §2(c)(1)(A)(i)(III), Nov. 27, 2019, 133 Stat. 1157

Section 1506, Pub. L. 100–690, title I, §1009, Nov. 18, 1988, 102 Stat. 4188; Pub. L. 103–322, title IX, §90208(a), Sept. 13, 1994, 108 Stat. 1995; Pub. L. 105–20, §2(b), June 27, 1997, 111 Stat. 234; Pub. L. 115–271, title VIII, §8203(a)(3), Oct. 24, 2018, 132 Stat. 4111; Pub. L. 116–74, §2(c)(1)(A)(i)(III), Nov. 27, 2019, 133 Stat. 1157, repealed this subchapter, and the amendments made by this subchapter, except for section 1007, effective Sept. 30, 1997. Amendment by Pub. L. 115–271, which added another exception for sections 1021 to 1035 of Pub. L. 100–690 (21 U.S.C. 1521 to 1535), and which was not given effect because those sections had not been treated as repealed in light of Pub. L. 105–20, §2(b), was subsequently repealed by Pub. L. 116–74.

Section 1507, Pub. L. 100–690, title I, §1010, Nov. 18, 1988, 102 Stat. 4188; Pub. L. 105–20, §2(b), June 27, 1997, 111 Stat. 234, defined terms for purposes of this subchapter. See section 1701 of this title.

Section 1508, Pub. L. 100–690, title I, §1011, Nov. 18, 1988, 102 Stat. 4189; Pub. L. 103–322, title IX, §90206, Sept. 13, 1994, 108 Stat. 1995; Pub. L. 105–20, §2(b), June 27, 1997, 111 Stat. 234, authorized appropriations to carry out this subchapter. See section 1711 of this title.

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

#### Effective Date of 2019 Amendment

Amendment by Pub. L. 116–74 effective as if included in the enactment of subtitle K of title VIII of Pub. L. 115–271, see section 2(c)(2) of Pub. L. 116–74, set out as a note under section 1522 of this title.

#### Effective Date of Repeal

Repeal effective Sept. 30, 1997, see section 1009 of Pub. L. 100–690, which was formerly classified to section 1506 of this title.
**EXHIBIT      32.2**

| 1.   | the                Periodic 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 Periodic Report fairly presents, in                all                material respects, the financial condition and results of operations                of                the Company. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                    |                                                       |                                            |
|-----------------------------------------|------------------------------------------------------------|-------------------------------------------------|
|                                    |                                                            |
|                               |                                                  |                                       |
| Dated: April              12, 2007 |                                                            | /s/Michael              G.              Bansley |
|                                    | Michael                G. Bansley, Chief Financial Officer |

----
**EXHIBIT 12.3**

 

#### **PACCAR and Subsidiaries**

 

**COMPUTATIONOF RATIO OF EARNINGS TO FIXED CHARGES**

 

**PURSUANT TO SEC REPORTINGREQUIREMENTS**

(Millions of Dollars)

 
|                                               |   | **Three  Months Ended  March 31** |       |
|----------------------------------------------------|--------|----------------------------------------|------------|
|                                               |   | **2004**                               |       | **2003** |   |
|                                               |   |                                   | ** ** |   |   |
| FIXED CHARGES                                      |   |                                   | ** ** |   |   |
| Interest expense - PACCAR and Subsidiaries  (1)    |   | **$**                                  | **32.3**   | ** ** | $ | 36.7 |   |
| Portion of rentals deemed interest                 |   | **3.2**                                | ** ** | 3.2 |   |
|                                               |   |                                   | ** ** |   |   |
| TOTAL FIXED CHARGES                                |   | **$**                                  | **35.5**   | ** ** | $ | 39.9 |   |
|                                               |   |                                   | ** ** |   |   |
| EARNINGS                                           |   |                                   | ** ** |   |   |
| Income before taxes - PACCAR and  Subsidiaries (2) |   | **$**                                  | **278.6**  | ** ** | $ | 172.3 |   |
| Fixed charges                                      |   | **35.5**                               | ** ** | 39.9 |   |
|                                               |   |                                   | ** ** |   |   |
| EARNINGS AS DEFINED                                |   | **$**                                  | **314.1**  | ** ** | $ | 212.2 |   |
|                                               |   |                                   | ** ** |   |   |
| RATIO OF EARNINGS TO FIXED CHARGES                 |   | **8.85**                               | **X**      | 5.32 | X |

 

----

(1)          Exclusive of interest,if any, paid to PACCAR.

 

(2)          Includes before-taxearnings of wholly-owned subsidiaries.

 

1

----