alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frank CANNON, Appellant, v. STATE of Texas, Appellee.

No. 33825.

Court of Criminal Appeals of Texas.

Nov. 15, 1961.

Dean & Nowlin, Plainview, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $250.

Two highway patrolmen testified that they pursued the appellant after they saw him fail to observe a stop sign, while driving his pickup on a public highway, and that he twice drove over the center line to his left hand side of the highway before he stopped about one mile beyond the stop sign; that they smelled the odor of alcohol on his breath; that his eyes were bloodshot and glassy. When asked if he had been drinking, he replied that “he had consumed all that he had”, but did not state when this had occurred. They further testified that they knew he had previously suffered a disability in his legs, yet at the time this occurred, they said that he was more than usually unsteady while walking. They also expressed the opinion that he was intoxicated.

Sam Harrison testified that he observed the appellant shortly after his arrest and expressed the opinion that he was intoxicated.

The appellant did not testify or offer any evidence in his behalf.

Appellant complains of the admission of Officer Keffer’s opinion, that the appellant could have walked a line if he had not been intoxicated, over his objection that the witness was not qualified, and that the question called for pure speculation.

The evidence shows that the officers had known the appellant for several years, and that he had previously suffered leg injuries and ■ was unsteady to a “certain extent” while walking. Officer Keffer testified, without objection, that at the scene the appellant “suggested that he (appellant) *928walk a line and he picked out a tire track that ran along the shoulder of the highway and attempted to walk down this track.” * * * and “his feet became entangled and he nearly fell. So, he laughed and said we should find another line.”

There was evidence before the jury of appellant’s ability to walk prior to his arrest in this case, and at the time in question, hence the admission of the officer’s opinion in view of the record was not reversible error.

The judgment is affirmed.

Opinion approved by the court.
**Exhibit 32.2**

 

**WRITTEN STATEMENT OF THE CFO PURSUANT TO 18 S.S.C. SECTION1350**

 

 

**CERITFICATION PURSUANT TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theAnnual Report of PurchaseSoft, Inc. (the “Company”) on Form 10-KSBfor the period ending May 31, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Thomas B. Marsh, Secretary andTreasurer of the Company, certify, solely for the purposes of complying with 18U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

 

1.                                       The report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

2.                                       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of May 31, 2003 and for the periods then ended.

 
| /s/ Thomas B. Marsh                               |   |   |
|---------------------------------------------------|--------|--------|
|                                              |   |
| Thomas B. Marsh,  Secretary, Treasurer and Acting |   |
| CFO                                               |   |
| Dated August 20, 2003                             |   |

 

----
#### The State, ex rel. Workman, *v.*Holmes County Board of Education et al.

(No. 27588

Decided May 31, 1939.)

*Messrs. Ballard & Dresbach, Mr. D. II. Graven*and *Messrs. Gary, Estill & Kuhn,*for relator.

*Mr. Thomas J. Herbert,*attorney general, *Mr. W. W. Badger,*prosecuting attorney, and *Mr. Charles F. Ohl,*for respondents.

By the Court.

The following facts are alleged in the petition for a writ of mandamus filed in this court:

On September 15, 1938, there was filed with the Holmes County Board of Education, pursuant to Section 4696, G-eneral Code, a petition signed by more than seventy-five per cent of the resident electors of Washington Rural School District in Holmes county, requesting the transfer of territory to the contiguous Loudonville Exempted Village School District situated partly in Ashland and Knox counties.

The Holmes County Board of Education prior to that date had not considered or adopted a plan of organization for 1938, pursuant to Section 7600-1 *et seq.,**457General Code. Thereafter, the county board formulated a plan of organization for 1938 which provided for transferring a portion of the territory described in the transfer petition to the Loudonville Exempted Village School District and portions to two other districts. The plan of organization was transmitted to the State Director of Education, who approved the same and fixed the effective date thereof, without granting a hearing to the relators who had prior thereto sent to the Director of Education a communication protesting the approval of any plan which did not embody the content of their petition to transfer territory.

Later the Holmes County Board of Education adopted three resolutions one transferring a portion of the territory described in the transfer petition to the Loudonville Exempted Village School District and the other two resolutions transferring portions to two other special school districts.

Other facts, which are not essential to a decision, are pleaded in the mandamus petition.

The relators seek a writ to compel the county board and Director of Education to rescind and revoke the adoption and approval of the plan of organization for 1938 in so far as it pertains to the schools and territory in Washington Rural School District and to require the county board to approve and adopt the petition for transfer and to take necessary steps to transfer all the territory to the Loudonville Exempted School District.

The demurrer of the respondents to the petition for mandamus is overruled and, the respondents not desiring to plead further, a writ of mandamus is allowed, on authority of *State, ex rel. Adsmond,*v. *Board of Education of Williams County School District, ante,*383.

*Writ allowed.*

Weygandt, C. J., Day, Zimmerman, Williams, Myers, Matthias and Hart, JJ., concur.
EXHIBIT 32.1


                  CERTIFICATION PURSUANT TO RULE 13a-14(b) and
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 Section 906 of the Sarbanes-Oxley Act of 2002


     In  connection  with the filing by Wincroft,  Inc.  (the  "Company") of the
Annual  Report  on Form  10-KSB  for the  period  ending  March  31,  2004  (the
"Report"), I, Danny Wettreich,  Chief Financial Officer of the Company, certify,
pursuant  to 18  U.S.C.  1350,  as  adopted  pursuant  to  Section  906  of  the
Sarbanes-Oxley Act of 2002, that:

          1.   The Report fully complies with the  requirements of Section 13(a)
               and 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
               operation of the Company.







                                               /s/ Danny Wettreich
                                               ---------------------------------
                                               Danny Wettreich
                                               Chief Financial Officer


Dated:  June 22, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the
Consolidated Balance Sheet at December 31, 1999 and the Consolidated Statements
of Operations for the year ended December 31, 1999 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       3,484,045
<SECURITIES>                                         0
<RECEIVABLES>                               12,644,062
<ALLOWANCES>                                   331,009
<INVENTORY>                                  9,728,500
<CURRENT-ASSETS>                            32,819,882
<PP&E>                                      38,906,165
<DEPRECIATION>                              15,369,144
<TOTAL-ASSETS>                              83,367,545
<CURRENT-LIABILITIES>                       21,008,331
<BONDS>                                      7,654,671
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       493,162
<OTHER-SE>                                  52,623,678
<TOTAL-LIABILITY-AND-EQUITY>                83,367,545
<SALES>                                     62,655,751
<TOTAL-REVENUES>                            62,655,751
<CGS>                                       41,637,001
<TOTAL-COSTS>                               41,637,001
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,000
<INTEREST-EXPENSE>                             582,135
<INCOME-PRETAX>                           (14,831,479)
<INCOME-TAX>                                 2,710,579
<INCOME-CONTINUING>                       (12,575,350)
<DISCONTINUED>                                 (5,322)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (12,580,672)
<EPS-BASIC>                                     (1.60)
<EPS-DILUTED>                                   (1.60)


</TABLE>
****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 Magic Media Networks, Inc. (the  "Company") on Form 10-QSB for the period ending July 31, 2002 as filed with  the Securities and Exchange Commission on the date hereof (the "Report"), I,  Gordon Scott Venters, Chief Executive Officer of the Company, certify, pursuant  to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley  Act of 2002, that to the best of my knowledge and belief:

      (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.

|        |        |                                                 |   |
|--------|--------|------------------------------------------------------|--------|
| By:    |   | /s/ Gordon Scott Venters                             |   |
|        |        |                                                      |   |
|        |        | Gordon Scott Venters         Chief Executive Officer |   |
|   |   |                                                 |   |
| Date:  |   | September 19, 2002                                   |   |
|   |   |                                                      |   |
```

EXHIBIT 32 Section 906 Certification

                            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 Form 10-QSB Quarterly Report of First Cypress, Inc. (the
"Company") for the period ended June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

     o    the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and
     o    the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

By:     /s/ Robert Rosner
        Robert Rosner, President
        and Chief Executive Officer
        and Principal Accounting Officer

Date:   August 19, 2003
```
N PDES draft permit comments Bamber, Amy

to: Jack Faulk, David Rise, Gray, Jim A.

01/20/2010 01:02 PM

Show Details

Hello,

I hope that you all are having a fantastic time down in Dallas. Here are my comments on the draft proposal Jack sent out. Also, if there is a listening call-in line, please let me know.

thanks, Amy

Amy Bamber Montana Department of Agriculture

303 N. Roberts Helena, MT 59620-0201

406-444-3676 abamber@mt.gov Page 1 of 1

5/11/2010 file://C:\Documents and Settin g s\ j faulk\Local Settin g s\Tem p \notesFCBCEE\~web8052.htm
**SECURITIES AND EXCHANGE COMMISSION 
  Washington, D.C. 20549**

**FORM 10-QSB**

(mark one)


[X]
      QUARTERLY REPORT UNDER SECTION 13 OR 15(d)OF THE SECURITIES EXCHANGE ACT OF 1934


For the quarterly period ended **October 15, 2002**

OR

[   ]
      TRANSITION REPORT PURSUANT TO SECTION 13 OR15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the transition period fromto


Commission file number **000-29905**

**BURNHAM MANAGEMENT INC**
  (Exact name of registrant as specified in its charter)

|Delaware                        | 98-0220849         
|------------------------------- | -------------------
|(State or other jurisdiction of | (I.R.S. Employer   
|incorporation or organization)  | Identification No.)

**9175 Mainwaring Rd. Sidney, British Columbia V8L 1J9
  Canada**
  (Address of principal executive offices (zip code))

**250-656-4490**
  (Registrant's telephone number, including area code)

Indicate by check mark whether the registrant (1) filed all
  reports required to be filed by Section 13 or 15(d) of the Securities Exchange
  Act of 1934 during the last 12 months (or for such shorter period that the registrant
  was required to file such reports), and (2) has been subject to such filing
  requirements for the past 90 days.

YesX    No ____

Indicate the number of shares outstanding of each of the issuer's
  classes of common equity, as of the latest practicable date.

|Class                           | Outstanding at October 15, 2002
|------------------------------- | -------------------------------
|                                |                                
|Common Stock, par value $0.0001 | 5,000,000                      

**SIGNATURES**

> Pursuant to the requirements of the Securities Exchange
>     Act of 1934, the registrant has duly caused this report to be signed on its
>     behalf by the undersigned thereunto duly authorized.



| | BURNHAM MANAGEMENT INC          
| | --------------------------------
| |                                 
| | By: /s/ Rick Plotnikoff         
| | Rick Plotnikoff,
      President
| |                                 
| | Dated: October 15, 2002.        

---
Exhibit 32.2



Certification of Chief Financial Officer pursuant to U.S.C. Section 1350,

as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with this quarterly report on Form 10-Q of OPNET Technologies, Inc. (the Company), I, Mel F. Wesley, Vice
President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |     |  |                   |  |                                           
|----------------------- |  |  |  | --- |  | ----------------- |  | ------------------------------------------
|                        |  |  | 
|Dated: February 6, 2007 |  |  |  | By: |  | /s/ Mel F. Wesley
|                        |  |  |  |     |  |                   |  | Mel F. Wesley                             
|                        |  |  |  |     |  |                   |  | Vice President and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           5,745
<SECURITIES>                                     9,410
<RECEIVABLES>                                    5,450
<ALLOWANCES>                                       320
<INVENTORY>                                          0
<CURRENT-ASSETS>                                22,894
<PP&E>                                           6,320
<DEPRECIATION>                                   2,937
<TOTAL-ASSETS>                                  27,053
<CURRENT-LIABILITIES>                            8,210
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            89
<OTHER-SE>                                      19,067
<TOTAL-LIABILITY-AND-EQUITY>                    27,053
<SALES>                                         22,048
<TOTAL-REVENUES>                                22,048
<CGS>                                            7,061
<TOTAL-COSTS>                                   17,690
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,703)
<INCOME-TAX>                                     (752)
<INCOME-CONTINUING>                            (1,280)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,280)
<EPS-PRIMARY>                                   (0.16)
<EPS-DILUTED>                                   (0.16)
        

</TABLE>
Exhibit 32(a)



AMERICANWEST BANCORPORATION



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

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Wesley E. Colley, state and attest that:



(1) I am the Chief Executive Officer of AmericanWest Bancorporation (the
Registrant).



(2) I hereby certify, pursuant to 18 U.S. C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that



        the Annual Report on Form 10-K of the Registrant for the year ended December 31, 2003 (the periodic report) containing financial statements 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 78 o(d)); and



        the information contained in the periodic report fairly presents, in all material respects, the
financial condition and results of operations of the Registrant for the periods presented.



|      |  |                                      
|----- |  | -------------------------------------
|Name: |  | /s/ Wesley E. Colley                 
|Title |  | President and Chief Executive Officer
|Date: |  | March 8, 2004
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

CHRISTIAN YOUNG,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D23-660

April 3, 2024

Appeal from the Circuit Court for Pasco County; Anne Wansboro, 

Judge.

Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant 

Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed.

SLEET, C.J., and NORTHCUTT, and LUCAS, JJ., Concur.

Opinion subject to revision prior publication.
<PAGE>

PS

PURCHASE SOFT, INC.
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE

SEE REVERSE FOR
CERTAIN DEFINITIONS

CUSIP 746145 10 1

THIS CERTIFIES that
is the owner of

FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK (PAR VALUE $.01) OF

PURCHASE SOFT, INC.

(herein called the "Corporation"), transferable on the books of the Corporation
by said owner in person or by duly authorized attorney, upon surrender of this
Certificate properly endorsed. This Certificate and the shares of stock
represented hereby are issued and shall be held subject to all of the provisions
of the Certificate of Incorporation and the By-Laws of the Corporation, and any
amendments thereto, copies of which are on file with the Secretary of the
Corporation, and to the laws of the State of Delaware from time to time in
effect, to all of which the holder, by acceptance hereof, assents. This
Certificate is not valid until countersigned by the Transfer Agent.

WITNESS the facsimile seal of the Corporation and the facsimile signatures of
its duly authorized officers.

Dated:

CHAIRMAN

TREASURER

COUNTERSIGNED:
AMERICAN STOCK TRANSFER & TRUST COMPANY
NEW YORK, N.Y.
TRANSFER AGENT
BY

AUTHORIZED SIGNATURE

The following abbreviations, when used in the inscription on the face of this
certificate, shall be construed as though they were written out in full
according to applicable laws or regulations:

TEN COM-
TEN ENT-
JT TEN-

as tenants in common
as tenants by the entireties
as joint tenants with right


<PAGE>

of survivorship and not as
tenants in common

UNIF GIFT MIN ACT.........................Custodian........................
                                                                (Cust)
(Minor)
                                       under Uniform Gifts to Minors

Act.............................................

(State)


For value received,                     hereby sell, assign and transfer unto

PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS OF ASSIGNEE)

shares

of the capital stock represented by the within Certificate, and do hereby
irrevocably constitute and appoint

Attorney

to transfer the said stock on the books of the within named Corporation
with full power of substitution in the premises.
Dated

NOTICE:

THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON
THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR
ENLARGEMENT OR ANY CHANGE WHATEVER.



Signature(s) Guaranteed:

THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION
(BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH
MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO
S.E.C. RULE 17Ad-15.