alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### L. B. Owens, *Plaintiff in*Error, v. The State of Florida, *Defendant in Error.*

1. In a prosecution for homicide requested charges on the subject of self defense that are abstract and incomplete with reference to the issues involved in the case may be refused.

2. A person attempting to justify a homicide on the ground of self defense must have used all reasonable means within his power, consistent with his own safety, to avoid the danger and to avert the necessity of taking human life.

S. Where the issues in a criminal prosecution are fully and fairly submitted to the jury, and there is ample evidence to sustain the verdict rendered and no errors of law or procedure appear, the verdict will not be disturbed on writ of error.

Writ of error to the Circuit Court for Escambia County.

The facts in the case are stated in the opinion of the court.

*384
      *Jones*& *Pasco,*for Plaintiff in Error;

*Park Trammell,*Attorney General, and *J. P. Stokes,*for the State.

Whitfield, C. J.

This writ of error was taken to a conviction of manslaughter. The evidence shows that the accused went to the place where the deceased was plowing, and after some words fatally shot the deceased when the deceased had a hammer in his hand with which he threatened the accused. The court refused to give the following charges:

“If you believe from the evidence that the defendant Owens was not the aggressor in the transaction and that Stacey had raised a hammer as testified to and was in the act of throwing a hammer at the accused “the defendant had a right to use such force as was reasonably necessary to protect himself from said assault.”

“A man has a legal right to go wherever his legitimate business calls him and if he is assaulted has a right to stand his ground and defend himself.”

These charges are abstract' and incomplete. A direction that if the jury believed the deceased was in the act of throwing a hammer at the accused “then the defendant had a right to use such force as was reasonably necessary to protect himself from said assault,” does not cover the issue in this case.

In order to justify the taking of human life, the accused must have used all reasonable means within his power, and consistent with his own safety, to avoid the danger to avert the necessity of taking human life. Stafford v. State, 50 Fla. 134, 39 South. Rep. 106.

The second charge above quoted is a mere abstraction, and the refusal of the court to give it is not error. *385Charges given fairly and fully submitted the issues to the jury.

There is ample evidence to sustain the verdict and no errors of law or procedure appearing, the judgment is affirmed.

Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
# Official Journal L 29/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 29 |
| | |
| English edition | Legislation | Volume 6231 January 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 29

English edition

Legislation

Volume 6231 January 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Federal Coal Ownershipwithin the

Billings Field OfficePlanning Area

Map 47

Billings & Pompeys Pillar National Monument Draft RMP / EIS

US DEPARTMENT OF THE INTERIORBureau of Land Management

Montana            Wyoming

RoundupHarlowton ^^

Pompeys Pillar^

Big Timber^ Billings

^

Columbus^

Bridger^

^Frannie

Legend^ Towns

State BorderPlanning Area BoundaryCountiesCoalRivers

0 2 4 8 12 16 20

Map scale 1:900,000Miles

Map generated by the Billings Field Office in July 2011Albers Equal Area, NAD83 Projection

This map is intended for display purposes. No warranty is made by the Bureau ofLand Management as to the accuracy, reliability or completeness of the data for

individual or aggregate use with other data, or for purposes not intended by BLM. This map may not meet National Map Accuracy Standards. This product was

developed through digital means and information may be updated without notification.

MontanaBillingsField Office

ÜWyoming

^
§ 125.371 Continuing flight in unsafe conditions. ( a ) No pilot in command may allow a flight to continue toward any airport to which it has been released if, in the opinion of the pilot in command, the flight cannot be completed safely, unless, in the opinion of the pilot in command, there is no safer procedure. In that event, continuation toward that airport is an emergency situation.
This map is intended for display purposes. No warranty is

made by the Bureau of Land Management as to the 

accuracy, reliability, or completeness of the data for individual

or aggregate use with other data, or for purposes not intended

by BLM. This map may not meet National Map Accuracy 

Standards. This product was developed through digital

means and information may be updated without notification.

Albers Equal Area, NAD83 Projection

Map generated by the Billings Field Office in July 2011

0 0.5 1 2 3 4 5

Miles

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R101W R100W R99W

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Route information and proposed management actions in this 

document only apply to Bureau of Land Management lands.

No route designations will be made on non-federal or private lands.

 The information on this map is developed from a variety of

 data sources and input scales may cause some misalignment of 

data layers. This map is for planning purposes only, and not 

intended for on-ground travel. 1:60,000

State Boundary

Recommended Routes

Open: 285 Miles

Administrative Use Only: 6 Miles

Administrative Use Only Motorized Public Non-Motorized: 18 Miles

Highway

Roads

Streams

Lakes

Bureau of Land Management

State Parks and Recreation

Division of State Lands

Water

Public Lands Survey System

Private

Cottonwood / Weatherman Travel Management Area

Wyoming

Location Map

Montana

Billings 

Field 

Office

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Cottonwood / Weatherman

Travel Management Area 

Alternative A

Map 135

Billings & Pompeys Pillar 

National Monument RMP / EIS

U.S. DEPARTMENT OF THE INTERIOR

Bureau of Land Management
###### Editorial Note on Part 1251

#### Editorial Note:

Nomenclature changes to part 1251 appear at 81 FR 3709, Jan. 22, 2016.

#### §§ 1251.504-1251.509 [Reserved]
§ 129.7 Application, issuance, or denial of operations specifications. ( a ) A foreign air carrier or foreign person applying to the FAA for operations specifications under this part must submit an application— ( 1 ) In a form and manner prescribed by the Administrator; and
( 2 ) At least 90 days before the intended date of operation.
( b ) An authorized officer or employee of the applicant, having knowledge of the matters stated in the application, must sign the application and certify in writing that the statements in the application are true. The application must include two copies of the appropriate written authority issued to that officer or employee by the applicant.
( c ) A foreign applicant may be issued operations specifications, if after review, the Administrator finds the applicant— ( 1 ) Meets the applicable requirements of this part;
( 2 ) Holds the economic or exemption authority required by the Department of Transportation, applicable to the operations to be conducted;
( 3 ) Complies with the applicable security requirements of 49 CFR chapter XII;
( 4 ) Is properly and adequately equipped to conduct the operations described in the operations specifications; and
( 5 ) Holds a valid air operator certificate issued by the State of the Operator.
( d ) An application may be denied if the Administrator finds that the applicant is not properly or adequately equipped to conduct the operations to be described in the operations specifications.
[Doc. No. FAA-2009-0140; 76 FR 7489, Feb. 10, 2011]
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§ 129.9 Contents of operations specifications. ( a ) The contents of operations specifications issued to a foreign air carrier conducting operations within the United States under § 129.1(a) shall include: ( 1 ) The specific location and mailing address of the applicant's principal place of business in the State of the Operator and, if different, the address that will serve as the primary point of contact for correspondence between the FAA and the foreign air carrier;
( 2 ) Within 1 year after February 10, 2011, the designation of an agent for service within the United States, including the agent's full name and office address or usual place of residence;
( 3 ) The certificate number and validity of the foreign air carrier's Air Operator Certificate issued by the State of the Operator;
( 4 ) Each regular and alternate airport to be used in scheduled operations;
( 5 ) The type of aircraft and registration markings of each aircraft;
( 6 ) The approved maintenance program and minimum equipment list for United States registered aircraft authorized for use; and
( 7 ) Any other item the Administrator determines is necessary.
( b ) The contents of operations specifications issued to a foreign air carrier or foreign person operating U.S.-registered aircraft solely outside the United States in common carriage in accordance with § 129.1(b) shall include— ( 1 ) The specific location and mailing address of the principal place of business in the State of the Operator and, if different, the address that will serve as the primary point of contact for correspondence between the FAA and the foreign air carrier or foreign person;
( 2 ) Within 1 year after February 10, 2011, the designation of an agent for service within the United States, including the agent's full name and office address or usual place of residence;
( 3 ) In the case of a foreign air carrier, the certificate number and validity of the foreign air carrier's Air Operator Certificate issued by the State of the Operator;
( 4 ) Any other business names under which the foreign air carrier or foreign person may operate;
( 5 ) The type, registration markings, and serial number of each United States registered aircraft authorized for use;
( 6 ) The approved maintenance program and minimum equipment list for United States registered aircraft authorized for use; and
( 7 ) Any other item the Administrator determines is necessary.
[Doc. No. FAA-2009-0140; 76 FR 7489, Feb. 10, 2011; Amdt. 129-49-A, 76 FR 15212, Mar. 21, 2011]
§ 129.5 Operations specifications. ( a ) Each foreign air carrier conducting operations within the United States, and each foreign air carrier or foreign person operating U.S.-registered aircraft solely outside the United States in common carriage must conduct its operations in accordance with operations specifications issued by the Administrator under this part.
( b ) Each foreign air carrier conducting operations within the United States must conduct its operations in accordance with the Standards contained in Annex 1 (Personnel Licensing), Annex 6 (Operation of Aircraft), Part I (International Commercial Air Transport—Aeroplanes) or Part III (International Operations—Helicopters), as appropriate, and in Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation.
( c ) No foreign air carrier may operate to or from locations within the United States without, or in violation of, appropriate operations specifications.
( d ) No foreign air carrier or foreign person shall operate U.S.-registered aircraft solely outside the United States in common carriage without, or in violation of, appropriate operations specifications.
( e ) Each foreign air carrier must keep each of its employees and other persons used in its operations informed of the provisions of its operations specifications that apply to that employee's or person's duties and responsibilities.
( f ) Operations specifications issued under this part are effective until— ( 1 ) The foreign air carrier or foreign person surrenders them to the FAA;
( 2 ) The Administrator suspends or terminates the operations specifications; or
( 3 ) The operations specifications are amended as provided in § 129.11.
( g ) Within 30 days after a foreign air carrier or foreign person terminates operations under part 129 of this subchapter, the operations specifications must be surrendered by the foreign air carrier or foreign person to the responsible Flight Standards office.
( h ) No person operating under this part may operate or list on its operations specifications any airplane listed on operations specifications issued under part 125 of this chapter.
[Doc. No. FAA-2009-0140; 76 FR 7489, Feb. 10, 2011, as amended by Docket FAA-2018-0119, Amdt. 129-53, 83 FR 9174, Mar. 5, 2018]
#### Richard Monroe SIMS *v.*STATE of Arkansas

5818

491 S.W. 2d 584

Opinion delivered March 12, 1973

*James R. Howard*of *Howard, Howard & Howard,*for appellant.

*Jim Guy Tucker,*by: *Frank B. Newell,*asst Atty. Gen, for appellee.

Carleton Harris, Chief Justice.

Richard Monroe was convicted of robbery and his punishment fixed at twenty-one years confinement in the Arkansas Department of Correction. From the judgment so entered comes this appeal. For reversal, only one point is relied upon, viz., “The lower court erred in admitting State’s Exhibit No. 1, the so-called ‘Standard Police Rights Form’.”

The alleged error is based on the testimony of Detective Larry Starks who testified that he was present when Detective Bill Johnson advised Sims of his con*9stitutional rights. The "rights from”1 is in accord with the requirements of *Miranda*v. *Arizona,*384 U.S. 436, 16 L.Ed. 2d 694, and Starks stated that after Johnson read the instrument to Sims, the form was handed to appellant who appeared to be looking over it, then stated that he understood it, and signed. Starks witnessed the signing. According to subsequent evidence, Detective Bobby Thomas was then given a statement by Sims which implicated appellant in the robbery. Detective Johnson was not present at the trial because of a death in the family.

Appellant argues that the testimony of Starks was hearsay evidence and inadmissible; that the case should have been passed until such time as Detective Johnson could be present. We do not agree that this was hearsay evidence. Starks was not testifying to something that somebody told him, nor, for that matter, what Johnson said during the advisory procedure; rather he was testifying to what he observed, i.e., what Johnson and Sims did. Of course, the evidence was not sought to be admitted as proving the truth of the statements, but merely to establish that the statements were in fact made. See *Green*v. *State,*223 Ark. 761, 270 S.W. 2d 895, and cases cited therein. The evidence was admissible.

Affirmed.

1

 Date 1-25-72

Time 6:30 P.M.

I, Monroe Sims, date of birth 7-23-48, now live at 2401 Dennison. I have been advised that I am a suspect in an armed robbery, that I have the right to use the telephone, that I have the right to remain silent, that I have the right to talk with an attorney, either retained by me or appointed by the court, before giving a statement, and to have my attorney present when answering any questions. I have also been advised if I waive these rights I have the right to stop the interrogation at any time. Also, that any statement I give will be used in a court of law against me. I have read the above statement of my rights and I understand them. No promises or threats have been made to induce me into making a statement.

Signed /s/ Richard Sims

Witness */%/*Det. Bill Johnson

Witness /s/ Det. L.W. Starks
§ 13.205 Administrative law judges. ( a ) *Powers of an administrative law judge.* In accordance with the rules of this subpart, an administrative law judge may: ( 1 ) Give notice of, and hold, prehearing conferences and hearings;
( 2 ) Administer oaths and affirmations;
( 3 ) Issue subpoenas as authorized by law;
( 4 ) Rule on offers of proof;
( 5 ) Receive relevant and material evidence;
( 6 ) Regulate the course of the hearing in accordance with the rules of this subpart;
( 7 ) Hold conferences to settle or to simplify the issues by consent of the parties;
( 8 ) Dispose of procedural motions and requests;
( 9 ) Make findings of fact and conclusions of law, and issue an initial decision;
( 10 ) Bar a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that specific proceeding; and
( 11 ) Take any other action authorized by this subpart.
( b ) *Limitations.* The administrative law judge must not issue an order of contempt, award costs to any party, or impose any sanction not specified in this subpart. If the administrative law judge imposes any sanction not specified in this subpart, a party may file an interlocutory appeal of right under § 13.219(c).
( c ) *Disqualification.* The administrative law judge may disqualify himself or herself at any time. A party may file a motion for disqualification under § 13.218.
#### UNITED STATES v. CHICAGO, INDIANAPOLIS & LOUISVILLE RAILWAY CO.

*[Ante,*p. 96;

290 U.S. 671]

Petition for writ of certiorari *denied*by Supreme Court.. October 16, 1933.
<PAGE>

                                                                    EXHIBIT 99.2


                            SECTION 906 CERTIFICATION


I, Juliet M. Reising, Executive Vice President and Chief Financial Officer of
Verso Technologies, Inc. (the "Company"), do hereby certify in accordance with
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to my knowledge:

      3.    The Quarterly Report on Form 10-Q of the Company for the period
            ended September 30, 2002 (the "Periodic Report") fully complies with
            the requirements of section 13(a) or 15(d) of the Securities
            Exchange Act of 1934 (15 U.S.C. Sections 78m or 78o(d)); and

      4.    The information contained in the Periodic Report fairly presents, in
            all material respects, the financial condition and results of
            operations of the Company.

      Dated: November 13, 2002


                                                  /s/ Juliet M. Reising
                                                  ---------------------
                                                  JULIET  M. REISING
                                                  Executive Vice President and
                                                  Chief Financial Officer
§ 210.13 Unpaid items. ( a ) *Right of recovery.* If a Reserve Bank does not receive payment in actually and finally collected funds for an item, the Reserve Bank shall recover by charge-back or otherwise the amount of the item from the sender, prior collecting bank, paying bank, or returning bank from or through which it was received, whether or not the item itself can be sent back. In the event of recovery from such a person, no person, including the owner or holder of the item, shall, for the purpose of obtaining payment of the amount of the item, have any interest in any reserve balance or other funds or property in the Reserve Bank's possession of the bank that failed to make payment in actually and finally collected funds.
( b ) *Suspension or closing of bank.* A Reserve Bank shall not pay or act on a draft, authorization to charge (including a charge authorized by § 210.9(b)(5)), or other order on a reserve balance or other funds in its possession for the purpose of settling for items under § 210.9 or § 210.12 after it receives notice of suspension or closing of the bank making the settlement for that bank's own or another's account.
[Reg. J, 59 FR 22966, May 4, 1994, as amended at Reg. J, 69 FR 62561, Oct. 27, 2004]