alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1



                                                                    EXHIBIT 11.1


                               ACCELGRAPHICS, INC.
         STATEMENT REGARDING COMPUTATION OF NET INCOME (LOSS) PER SHARE
                  (amounts in thousands, except per share data)

<TABLE>
<CAPTION>
                                                  Three Months Ended       Nine Months Ended
                                                    September 30,             September 30,
                                                  1997         1996         1997       1996
                                                 -------      -------      ------     -------
<S>                                                <C>          <C>         <C>         <C>
Weighted average common shares outstanding
  for period                                       8,367        1,151       5,525       1,121

Dilutive employee stock options and warrants          --           --         615          --
                                                 -------      -------      ------     -------
                                                   8,367        1,151       6,140       1,121

Common Equivalent Shares pursuant to Staff
  Accounting Bulletin No. 83 (1)                      --        5,137       2,072       5,137
                                                 -------      -------      ------     -------

Shares used in per share calculations              8,367        6,288       8,212       6,258
                                                 =======      =======      ======     =======

Net income (loss)                                $(1,163)     $  (598)     $  196     $(1,752)
                                                 =======      =======      ======     =======


Net income (loss) per share                      $ (0.14)     $ (0.10)     $ 0.02     $ (0.28)
                                                 =======      =======      ======     =======
</TABLE>


(1) - Includes all Preferred Stock on an as-if converted basis and stock
      options and warrants granted after February 7, 1996 (using the treasury
      stock method).
**EXHIBIT 32.2**

 

CERTIFICATION

 

This certification is providedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies theannual report on Form 10-K (the “Form 10-K”) for the year ended December 31,2003 of American Insured Mortgage Investors – Series 85, L.P. (the “Issuer”).

 

I, Cynthia O. Azzara, ExecutiveVice President, Chief Financial Officer and Treasurer, certify that to the bestof my knowledge:

 

(i)                                     the Form 10-Kfully complies with the requirements of section 13(a) or section 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

 

(ii)                                  the informationcontained in the Form 10-K fairly represents, in all material respects, thefinancial condition and results of operations of the Issuer.

 

|                 |   | AMERICAN  INSURED MORTGAGE                                        |
|----------------------|--------|-------------------------------------------------------------------|
|                 |   | INVESTORS -  SERIES 85, L.P.                                      |
|                 |   | (Registrant)                                                      |
|                 |   |                                                              |
|                 |   | By:                                                               | CRIIMI, Inc. |
|                 |   |                                                              | General  Partner |
|                 |   |                                                              |   |
|                 |   |                                                              |   |
| March 19,  2004 |   | /s/ Cynthia  O. Azzara                                            |   |
| Date                 |   | Cynthia O.  Azzara                                                |
|                 |   | Executive  Vice President, Chief  Financial Officer and Treasurer |
|                      |        |                                                                   |  |  |  |

 

A signed original of thiswritten statement required by Section 906 has been provided to the GeneralPartner and will be retained by the General Partner and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
#### Robert Joe JOHNSON v. STATE.

7 Div. 182.

Court of Criminal Appeals of Alabama.

Sept. 25, 1973.

Rehearing Denied Oct. 16, 1973.

W. Mark Anderson, III, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

ALMON, Judge.

Appellant was sentenced below to ten years imprisonment for robbery.

Appellant took the stand in his own defense and admitted on cross-examination that he had previously been convicted of forgery, larceny and automobile burglary. In reference to the prior convictions, the court orally charged the jury as follows:

> “Now, if there was some testimony about convictions, I might tell you in what way that is to be considered. A conviction does not prevent a person *336from testifying in the case, but a conviction for an offense involving moral turpitude might affect his credibility. It might affect the weight you want to give to the testimony of that witness. And, offenses such as larceny, theft, forgery, burglary; those cases are cases involving moral turpitude.”

Appellant’s Written Requested Charge No. 1 was refused by the trial court. This charge reads as follows:

> “I charge you ladies and gentlemen of the jury that the prior record of the defendant is not evidence of the guilt or innocence of the defendant in this case.”

The precise issue upon which this case revolves seems to be res nova in our jurisdiction; however, we are of the opinion that the trial court erred to reversal in refusing appellant’s requested Written Charge No. 1. We fail to see how Written Charge No. 1 was, under the facts of this case, in any way misleading nor do we understand how the legal proposition asserted therein was encompassed in the trial court’s oral charge. The oral charge regarding prior convictions though correct, was incomplete insofar as it failed to state that the credibility of appellant’s testimony was the only matter to which prior convictions related. Written Charge No. 1 contained a correct proposition of law. See Paul v. State, 47 Ala.App. 115, 251 So.2d 246.

For the foregoing reason, the judgment of conviction is reversed and the cause remanded for new trial.

Reversed and remanded.

CATES, P. J., and TYSON and HARRIS, JJ., concur.

DeCARLO, J., dissents.
Order entered September 12 , 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 16
- 00463
- CR No. 05
- 16
- 0046 4
- CR JESUS ANTONIO PONCE, Appellant

V. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3

Dallas County, Texas Trial Court Cause No s . F12
- 70299
- J & F1 4
- 33407
- J



### O RDER
The Court REINSTATES these appeals. On September 9, 2016, we ordered the trial court to make findings regarding why the reporter’s record had not been filed. On September 12, 2016, we received volumes 1 through 5 of the reporter’s record. Because findings are no longer necessary, we VACATE the September 9, 2016 order.
We ORDER the reporter’s record filed as of the date of this order

. Appellant’s brief is due THIRTY DAYS from the date of this order.

/s/ ADA BROWN JUSTICE
#### BREWER *v.*STATE

[No. 337,

September Term, 1961.]

*Decided July 6, 1962.*

Submitted on the brief to Bruñe, C. J., and Hammond, Prescott, Marbury and Sybert, JJ.

Submitted by *Albert A. Levin*for appellant.

Submitted by *Thomas B. Finan, Attorney General, Gerard Wm. Wittstadt, Assistant Attorney General, Saul A. Harris, State’s Attorney,*and *Julius A. Romano, Assistant State’s Attorney,*for appellee.

*252Per Curiam.

Nathan S. Brewer was convicted by a jury in the Criminal Court of Baltimore of two charges of having in his possession and under his control narcotic drugs, and, after sentence, has appealed.

There is very little to the appeal. The appellant’s only contention is an alleged insufficiency of the evidence to support his convictions. The State, however, argues that this contention is not before us, due to appellant’s failure properly to reserve the same for appellate review. A motion for directed verdicts (now motion for judgments of acquittal, Maryland Rule 755) was made, but, instead of setting forth the respective contentions relative to the motion, we shall assume, without deciding, that the motion was properly made.

Officer Buchanan testified that he was a member of the narcotics squad; that on October 13, 1961, he went to the vicinity of Laurens and Vincent Streets with a “special employee,” who was called “Dukey”; that he searched Dukey to be sure that he had no money or narcotics upon his person; and that he (Buchanan) then gave Dukey $8.00 of official money. They met appellant Brewer on the street, and engaged him in conversation. Dukey asked Brewer if he could get some heroin and Brewer said “yes.” In the officer’s presence, Dukey gave Brewer $12.00 of official money (four more dollars having been given to Dukey by the officer), and Brewer “reached into his sock” and produced a small glassine envelope containing suspected heroin. The same routine occured on October 23, 1961, at a different location in Baltimore City. The following night Brewer was arrested, and he admitted the two transactions to Captain Carroll of the Police Department, claiming that he was only a go-between and the real “peddler” was a Danny Jacobs. A chemical analysis disclosed that the substance contained in the glassine envelope was heroin. No testimony was adduced by the appellant.

It is obvious that this testimony, if believed by the triers of fact, was ample to support the verdicts of guilty.

*Judgments affirmed.*
# United States Court of Appeals For the First Circuit

No. 12-1382 HENRY MAZARIEGOS-PAIZ, Petitioner,

v. ERIC H. HOLDER, JR., ATTORNEY GENERAL, Respondent.

ERRATA SHEET The opinion of this Court issued on October 25, 2013 is corrected as follows: On page 2, line 9, Footnote 1 is to be added at the end of the word "them." as follows: We caution that we deal here exclusively with the jurisdictional issue of exhaustion of administrative remedies. The government has not raised any question of either waiver or forfeiture, see United States v. Olano , 507 U.S. 725, 733-34 (1993) (discussing those doctrines), and we take no view as to their applicability or operation in judicial review of agency orders. Every other footnote thereafter should be renumbered accordingly.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           36651
<SECURITIES>                                         4
<RECEIVABLES>                                     1721
<ALLOWANCES>                                         0
<INVENTORY>                                        124
<CURRENT-ASSETS>                                 45043
<PP&E>                                            4076
<DEPRECIATION>                                    2095
<TOTAL-ASSETS>                                   50744
<CURRENT-LIABILITIES>                            29739
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            68
<OTHER-SE>                                       20774
<TOTAL-LIABILITY-AND-EQUITY>                     20842
<SALES>                                          13715
<TOTAL-REVENUES>                                 13715
<CGS>                                             7759
<TOTAL-COSTS>                                     7759
<OTHER-EXPENSES>                                 (391)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   6347
<INCOME-TAX>                                      2304
<INCOME-CONTINUING>                               4043
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      4043
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .60
        

</TABLE>
##### 



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 In connection with the Quarterly Report of Global Preferred Holdings, Inc. (the Company) on Form
10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on
the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as
adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that: (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 result of operations of the Company. Date: May 16, 2005
    /s/  Edward F. McKernanEdward F. McKernanChief Executive Officer 1
<TABLE> <S> <C>

<ARTICLE>              5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  FOR NOONEY  INCOME FUND LTD. II, L.P. AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                          0000757764
<NAME>                                         NOONEY INCOME FUND LTD. II, L.P.

<S>                                                         <C>
<PERIOD-TYPE>                                                    12-MOS
<FISCAL-YEAR-END>                                           DEC-31-1999
<PERIOD-START>                                              JAN-01-1999
<PERIOD-END>                                                DEC-31-1999
<CASH>                                                        1,190,211
<SECURITIES>                                                          0
<RECEIVABLES>                                                   257,599
<ALLOWANCES>                                                          0
<INVENTORY>                                                           0
<CURRENT-ASSETS>                                              1,472,240
<PP&E>                                                       16,615,969
<DEPRECIATION>                                                5,162,333
<TOTAL-ASSETS>                                               16,108,600
<CURRENT-LIABILITIES>                                           659,644
<BONDS>                                                       6,871,246
<COMMON>                                                              0
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<OTHER-SE>                                                    8,327,479
<TOTAL-LIABILITY-AND-EQUITY>                                 16,108,600
<SALES>                                                       3,723,962
<TOTAL-REVENUES>                                              3,728,017
<CGS>                                                                 0
<TOTAL-COSTS>                                                         0
<OTHER-EXPENSES>                                              3,108,798
<LOSS-PROVISION>                                                      0
<INTEREST-EXPENSE>                                              554,283
<INCOME-PRETAX>                                                  64,936
<INCOME-TAX>                                                          0
<INCOME-CONTINUING>                                                   0
<DISCONTINUED>                                                        0
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                     64,936
<EPS-BASIC>                                                      3.34
<EPS-DILUTED>                                                         0


</TABLE>
#### Benjamin WEATHINGTON, Petitioner, v. The STATE of Florida, Respondent.

No. 42539.

Supreme Court of Florida.

Sept. 28, 1972.

Certiorari denied. 262 So.2d 724.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.
Visit http://www.archives.gov for more information abot

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<PAGE>   1
                                                                      Exhibit 12

                       Williams Holdings of Delaware, Inc.
                Computation of Ratio of Earnings to Fixed Charges
                              (Dollars in millions)


<TABLE>
<CAPTION>
                                                                                  Nine months ended
                                                                                  September 30, 1998
                                                                                  ------------------

<S>                                                                               <C>
Earnings:
   Income before income taxes                                                           $  58.9
   Add:
      Interest expense - net                                                               92.9
      Rental expense representative of interest factor                                     16.2
      Minority interest in income of consolidated subsidiaries                              5.5
      Other                                                                                18.0
                                                                                        -------

         Total earnings as adjusted plus fixed charges                                  $ 191.5
                                                                                        =======

Fixed charges:
   Interest expense - net                                                               $  92.9
   Capitalized interest                                                                    25.4
   Rental expense representative of interest factor                                        16.2
                                                                                        -------

         Total fixed charges                                                            $ 134.5
                                                                                        =======

Ratio of earnings to fixed charges                                                         1.42
                                                                                        =======
</TABLE>
```

                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350)

Pursuant to Section 906 of the Sarbanes-Oxley  Act of 2002 (18 U.S.C.  §1350),
the undersigned, Michael E. DeDomenico, Chief Executive Officer of NuCO2 Inc., a
Florida  corporation  (the  "Company"),  does hereby certify,  to his knowledge,
that:

The Quarterly  Report on Form 10-Q for the fiscal  quarter  ended  September 30,
2006 of the Company (the  "Report")  fully  complies  with the  requirements  of
section  13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934,  and  the
information  contained in the Report fairly presents,  in all material respects,
the financial condition and results of operations of the Company.

                                             /s/ Michael E. Dedomenico
                                             -----------------------------------
                                             Michael E. DeDomenico
                                             Chief Executive Officer
                                             November 9, 2006
```
#### THERMAL AIR-FLO COMPANY, Appellant, v. ARTHUR J. COLLINS & SON, INC., Diplomat Hotels, Inc., and Peerless Insurance Company, Appellees.

No. 2516.

District Court of Appeal of Florida. Fourth District.

Oct. 6, 1969.

Richard C. Carter, Jr., Miami, for appellant.

J. Patrick Dyal, of Rogers, Morris & Ziegler, Fort Lauderdale, for Appellees-*832Arthur J. Collins & Son and Diplomat Hotels.

PER CURIAM.

We have reviewed the briefs and the record on appeal and heard oral argument. On the basis thereof it is our conclusion that the appellant has failed to demonstrate any error in the findings of fact and the conclusions of law made by the trial court. The judgment appealed from is, therefore, affirmed.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.
#### Sidney BROWN, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Adult Correction, Florida, Respondent.

No. 40958.

Supreme Court of Florida.

June 1, 1971.

Certiorari denied.

ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
<PAGE>


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report dated November 8, 1999 included in this Form 10-K for the fiscal year
ended October 1, 1999 into the Company's previously filed Registration
Statements on Form S-8, Registration Nos. 33-11818, 33-30879, 33-33329,
33-44002, 33-57825, and 333-53163, and on Form S-3, Registration Nos. 33-47564,
333-53161, and 333-63427.



Philadelphia, Pennsylvania
 November 24, 1999