alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert Howard NOE, Appellant, v. The STATE of Texas, Appellee.

No. 28061.

Court of Criminal Appeals of Texas.

Feb. 15, 1956.

Thomas & Thomas, Big Spring, T. D. Kimbrough, Midland, for appellant.

Leon B. Douglas, State’s Atty., Austi*, for the State.

*943WOODLEY, Judge.

The conviction is for driving an automobile upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $200.

The facts need not be discussed. Suffice it to say that the issue of appellant’s intoxication was closely contested.

The trial court instructed the jury: “In your deliberations you should not attempt to arrive at a verdict by lot or chance or by a ballot as to the particular punishment each juror is in favor of assessing and then dividing same by the number of six, or in any manner other than a fair consideration of the law and evidence.”

The objection, timely presented, to this instruction was that it constituted a comment on the weight of the evidence and an indication to the jury that the court expected the jury to find appellant guilty. Exception was reserved to the overruling of the objection.

Art. 707, V.A.C.C.P., provides in part that the trial judge shall not at any stage of the proceedings, previous to the return of a verdict, make any remark calculated to ■convey to the jury his opinion of the case.

Where an admonitory charge of the nature of that before us is to be given, the ■court must admonish the jury that they should first find the defendant guilty; that is, the admonition in regard to the fixing of punishment by lot or chance must be prefaced by the statement “If you should find the defendant guilty” or words of like import. Hart v. State, 47 Tex.Cr.R. 156, *82*S.W. 652; Winfrey v. State, 84 Tex.Cr.R. 579, 209 S.W. 151; Lovel v. State, 93 Tex.Cr.R. 615, 248 S.W. 349; 24 Tex.Jur., p. 619, Sec. 128.

The judgment is reversed and the cause is remanded.
### E m a ili ng : 2004 . b mp R a l ph D e S i ena to: C l e ve l and Ho ll aday 11 / 10 / 2011 04 : 11 PM 2 atta c hments 2004 . b mp 2004.t

xt Cleve, I'll send each year separately do to size. Ralph
**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 Unico, Incorporated (the "Company") on Form 10-Q for the period ended November 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark A. Lopez, Chief Executive 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, to my knowledge: 

(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 the 

         operations of the Company. 

|                        |                                                             |
|------------------------|-------------------------------------------------------------|
| Date: January 14, 2009 | */s/ Mark A. Lopez*

Mark A. Lopez

Chief Executive Officer |

**[A signed original of this written statement required by Section 906 has been provided to Unico, Incorporated and will be retained by Unico, Incorporated and furnished to the Securities and Exchange Commission or its staff upon request.]**
**Exhibit 10.32**

**PHILLIPS-VAN HEUSEN CORPORATION**

**2006 STOCK INCENTIVE PLAN**
#### Earl Woodrow SOLOMON, Appellant, v. The STATE of Texas, Appellee.

No. 27593.

Court of Criminal Appeals of Texas.

May 11, 1955.

No' attorney on appeal for. appellant.

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

MORRISON, Presiding Judge.

The offense is driving while intoxicated;the punishment, 3 days in .jail, and a fine of $100.

No statement of-facts or bills of exception appear in the record.

The judgment herein recites that the jail term was probated.

‘In compliance with the holding in Gilderbloom v. State, Tex.Cr.App., 272 S.W. 2d 106, the judgment herein is reformed so as to eliminate the provision for probation and, as reformed, is affirmed.
Exhibit 32.1   IDI Global, Inc.  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  In connection with the Quarterly Report of IDI Global, Inc., on Form 10-Q for the period ending March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Kevin R. Griffith, Chief Executive Officer, and Steve Weatherly, a consultant performing certain services for the Company commonly provided by a Chief Financial Officer and Principal Accounting Officer, 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 quarterly report on Form 10-Q of the Company for the quarter ended March 31, 2008, 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.    Date: May 19, 2008  /s/ Kevin R. Griffith Kevin R. Griffith Chief Executive Officer     Date: May 19, 2008  /s/ Steven D. Weatherly Steven D. Weatherly Consultant performing certain services for the Company commonly performed by a Chief Financial Officer
<PAGE>

                                   EXHIBIT 32

                               COMM BANCORP, INC.

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Comm Bancorp, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2005, to be filed with the
Securities and Exchange Commission on or about the date hereof (the "Report"),
I, William F. Farber, Sr., President and Chief Executive Officer of the Company,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, 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
     at the dates and for the periods covered by the Report.


Date: March 15, 2006                    /s/ William F. Farber, Sr.
                                        ----------------------------------------
                                        William F. Farber, Sr.
                                        President and Chief Executive Officer

A signed copy of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.


                                      184
<PAGE>

                               COMM BANCORP, INC.

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Comm Bancorp, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2005, to be filed with the
Securities and Exchange Commission on or about the date hereof (the "Report"),
I, Scott A. Seasock, Executive Vice President and Chief Financial Officer of the
Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18
U.S.C. Section 1350, 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
     at the dates and for the periods covered by the Report.


Date: March 15, 2006                    /s/ Scott A. Seasock
                                        ----------------------------------------
                                        Scott A. Seasock
                                        Executive Vice President and Chief
                                        Financial Officer

A signed copy of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.


                                       185
**Exhibit 32.1**

 

**SECTION 1350CERTIFICATION**

 

In connection withAmendment No. 3 to the Annual Report on Form 10-K/A of Summer Infant, Inc.(the “Company”) for the year ended December 31, 2008 (the “Report”), asfiled with the Securities and Exchange Commission on the date hereof, I, JasonMacari, Chief Executive 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 Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

 

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

 
| January 4, 2010 | /s/ Jason Macari           |
|----------------------|----------------------------|
|                 | Jason Macari               |
|                 | *Chief  Executive Officer* |

 

----
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</TABLE>