alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### NAILING v. STATE.

No. 24068.

Court of Criminal Appeals of Texas.

June 2, 1948.

No appearance for appellant.

Ernest. S. Goens, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

Appellant was convicted for the offense of possession of unstamped whiskey. His punishment was assessed at a fine of $100.

. The facts, briefly stated, show.that appellant was apprehended by T. F. McCoy, Sheriff of Red River County, and hib deputy, Harold Greenwood, near a barn belonging to appellant’s uncle. The sheriff and his deputy both testified that when they first saw him, appellant, he was carrying a half-gallon fruit jar which contained what they thought was whiskey. When they called to him to stop, he started pouring the whiskey out of the jar. On examination of the jar, it was found that it did contain whiskey but no tax stamps were affixed thereto.

Appellant did not testify in his own defense.

He brings forward a number of complaints relating to the court’s action in declining to submit his special requested charges. His first special requested charge is to the effect “that even though the jury believed beyond a reasonable doubt that defendant had in his possession an alcoholic beverage, they must also believe, beyond a reasonable doubt, that such beverage contained more than one-half of one per cent of alcohol by volume.” This court has held many times that it is common knowledge that whiskey contains more than one-half of one per cent of alcohol by volume. See Ramsey v. State, 132 Tex.Cr.R. 411, 412, 104 S.W.2d 858; Hughes v. State, 134 Tex. Cr.R. 175, 114 S.W.2d 566; and cases there cited. The opinion is here expressed that the court did not err in failing to give the requested charge.’

His second complaint relates -to the court’s action in declining to submit a special requested charge as to the law of circumstantial evidence or to incorporate one of like import in his main charge.. The *758court did not err in this respect because the state’s case did not rest wholly upon that character of evidence. This court has many times held that a charge on circumstantial evidence is not required of the court unless the evidence relied on by the state is purely and solely circumstantial in character. See Surrell v. State, 29 Tex. App. 321, 15 S.W. 816. See also Branch’s Ann. P.C., Sec. 1874, and many cases there cited.

There is no need to discuss his special requested instructions Nos. Ill and IV since there is no merit in either.

No reversible error appearing in the record, the judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE AUDITED CONSOLIDATED FINANCIAL STATEMENTS OF HORIZON OFFSHORE, INC. AND
SUBSIDIARIES AS OF DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           8,117
<SECURITIES>                                         0
<RECEIVABLES>                                   16,675
<ALLOWANCES>                                         0
<INVENTORY>                                      1,700
<CURRENT-ASSETS>                                35,659
<PP&E>                                         175,798
<DEPRECIATION>                                (12,445)
<TOTAL-ASSETS>                                 202,401
<CURRENT-LIABILITIES>                           31,681
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,119
<OTHER-SE>                                      87,981
<TOTAL-LIABILITY-AND-EQUITY>                   202,401
<SALES>                                         89,015
<TOTAL-REVENUES>                                89,015
<CGS>                                           72,181
<TOTAL-COSTS>                                   72,181
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,759
<INCOME-PRETAX>                                  2,680
<INCOME-TAX>                                     1,001
<INCOME-CONTINUING>                              1,679
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,679
<EPS-BASIC>                                       0.09
<EPS-DILUTED>                                     0.09


</TABLE>
#### JAMES v. STATE.

No. 23123.

Court of Criminal Appeals of Texas.

May 9, 1945.

Alex P. Pope, of Tyler, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Upon a plea of guilty before the court to a charge of selling intoxicating liquor in dry area appellant was fined one hundred dollars.

The proceedings appear to be regular. The record is here without statement of facts or bills of exception.

The judgment is affirmed.
**Exhibit 32.2****Certification Pursuant To****18 U.S.C. Section 1350****As Adopted Pursuant To****Section 906 Of The Sarbanes-Oxley Act Of 2002**This certification is provided pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350,and accompanies the Annual Report on Form 10-K/ A,Amendment No. 2, for the period ended December 31,2004 of Horizon Offshore, Inc. (the Company) as filed with theSecurities and Exchange Commission on the date hereof (theReport).I, Ronald D. Mogel, Chief Financial Officer of the Company,certify that:     (1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Act of1934; and     (2) The information contained in the Report fairlypresents, in all material respects, the financial condition andresults of operations of the Company.     /s/ Ronald D. Mogel           Ronald D. Mogel *Vice President and* *Chief Financial Officer*August 15, 2005
Exhibit 32.1
 
  1)
    
    the Companys Quarterly Report on Form 10-Q for the quarter ended March 27, 2010 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended; and
 2)
    
    the information contained in the Companys Quarterly Report on Form 10-Q for the quarter
ended March 27, 2010 fairly presents, in all material respects, the financial condition and
results of operations of the Company.
 /s/ Carl H. Guild, Jr.
    
    /s/ Michael P. MaloneCarl H. Guild, Jr.
    
    Michael P. MalonePresident and Chief Executive Officer
    
    Chief Financial OfficerDate: May 11, 2010
    
    Date: May 11, 2010
Exhibit 31.1


               CERTIFICATE OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, James E. Laurent, Chief Executive Officer of the Company, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Sunair Electronics,
Inc.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

     (a) designed such disclosure controls and procedures to ensure that
     material information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this quarterly report is being
     prepared;

     (b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     quarterly report (the "Evaluation Date"); and

     (c) presented in this quarterly report our conclusions about the
     effectiveness of the disclosure controls and procedures based on our
     evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

     (a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     (b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.


DATE: AUGUST 12, 2003

/s/ James E. Laurent
-------------------------------------
James E. Laurent
President and Chief Executive Officer
EXHIBIT 99.8



CERTIFICATION



I, Cameron R. Sebastian, Chief Financial Officer, certify that:



1.

I have reviewed this annual report on Form 40-F/A of Paramount Energy Trust;



2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the issuer as of, and for, the periods presented in this report;



4.

The issuers other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the issuer and have:



a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b)

Evaluated the effectiveness of the issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c)

Disclosed in this report any change in the issuers internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the issuers internal control over financial reporting; and



5.

The issuers other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the issuers auditors and the audit committee of the issuers board of directors (or persons performing the equivalent functions):





---

2





a)

all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the issuers ability to record, process, summarize and report financial information; and



b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the issuers internal control over financial reporting.





March 21, 2006

Calgary Alberta

Per:

signed

Cameron R. Sebastian

Vice-President, Finance and

Chief Financial Officer

Paramount Energy Operating Corp.

in its capacity as Administrator of Paramount Energy Trust
| |  | Exhibit 32.01
| |  | -------------

# 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 on Form 10-Q of Swank, Inc. (the Company)
for the fiscal quarter ended June 30, 2007 (the Report), the
undersigned each hereby certifies that: (1) the Report fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
amended; 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:  August 14, 2007 | /s/ John Tulin                             
|                        | John Tulin, President                      
|                        | (Chief Executive Officer)                  
|                       
|                       
|Dated:  August 14, 2007 | /s/ Jerold R. Kassner                      
|                        | Jerold R. Kassner, Executive Vice President
|                        | and Treasurer (Chief Financial Officer)    

A signed original of this written
statement required by Section 906 has been provided to Swank, Inc. and will be retained by
Swank, Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Office of the Secretary

                    The Department of Health and Human Services, Office of the Secretary publishes a list of information collections it has submitted to the Office of Management and Budget (OMB) for clearance in compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) and 5 CFR 1320.5. The following are those information collections recently submitted to  OMB. 1. Voluntary Industry Partner Surveys to Implement Executive Order 12862—Extension—0990-0220—The Department of Health and Human Services plans to conduct surveys of its contractors in each agency to obtain feedback for improving the Department's procurement process.                     *Respondents:*                     Contractors of the Department;                 

*Number of Respondent:*                     2400;                 

*Average Burden per Response:*                     12 minutes.                 

*Total Annual Burden*: 480 hours.                

*OMB Desk Officer*: Allison Eydt.                

Copies of the information collection packages listed above can be obtained by calling the OS Reports Clearance Officer on (202) 690-6207. Written comments and recommendations for the proposed information collection should be sent directly to the OMB desk officer designated above at the following address: Human Resources and Housing Branch, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503.

Comments may also be sent to Cynthia Agens Bauer, OS Reports Clearance Officer, Room 503H, Humphrey Building, 200 Independence Avenue SW., Washington, DC, 20201. Written comments should be received within 30 days of this notice.

Dated: October 10, 2000.

Dennis P. Williams,

Deputy Assistant Secretary, Budget.

[FR Doc. 00-27086 Filed 10-23-00; 8:45 am]

BILLING CODE 4150-24-M
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-30314

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

ALDOLPHUS WILSON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 92-CR-214-F

--------------------

August 19, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: *

Aldolphus Wilson, federal prisoner # 22996-034, has appealed

the district court’s denial of relief relative to his Fed. R. Crim.

P. 41(e) motion for the return of, or compensation for, his

property which allegedly was seized in connection with his arrest

in 1992 for drug-trafficking offenses.

The district court held that Wilson’s claims relative to

$100,102.67 and a Volvo automobile, which were declared forfeited,No. 98-30314

-2-

are barred by laches. We AFFIRM this ruling, substantially for the

reasons adopted by the district court. S ee United States v.

Wilson , No. 92-CR-214 (E.D. La. Jan. 29, 1998).

The district court held that Wilson was not entitled to relief

on his claims respecting other property, which allegedly was seized

from him but not declared forfeited. Wilson contends that he is

entitled to monetary damages because the Government n o longer is

able to return this prope rty to him. Such a remedy, however, is

foreclosed by sovereign immunity. P eña v. United States

, 157 F.3d

984, 986 (5th Cir. 1998).

The court remanded Peña’s case to allow him to amend his

pleadings to state claims under Bivens v. Six Unknown Named Agents

,

403 U.S. 388 (1971). P eña

, 157 F.3d at 987 . In Wilson’s case,

that remedy is barred by the one-year statute of limi tations

applicable to Bivens actions in Louisiana. S ee Alford v. United

States , 693 F.2d 498, 499 (5th Cir. 1982).

JUDGMENT AFFIRMED.
I 

113TH CONGRESS 

1ST SESSION H. R. 2665 

To ensure secure gun storage and gun safety devices. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2013 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To ensure secure gun storage and gun safety devices. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. GUN STORAGE AND SAFETY DEVICES FOR ALL 

4 FIREARMS. 

5 (a) SECURE GUN STORAGE OR SAFETY DEVICES BY

6 FEDERAL FIREARMS LICENSEES.—Section 922(z) of title 

7 18, United States Code, is amended to read as follows: 

8 ‘‘(z) It shall be unlawful for any licensed importer, 

9 licensed manufacturer, or licensed dealer to sell, transfer, 

10 or deliver any firearm to any person (other than a licensed 

11 importer, licensed manufacturer, or licensed dealer) unless 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2665 IH

1 the transferee is provided with a secure gun storage or 

2 safety device.’’. 

3 (b) PENALTIES.—Section 924(p) of such title is 

4 amended to read as follows: 

5 ‘‘(p) The Attorney General may, after notice and op6 portunity for hearing, suspend or revoke any license issued 

7 under this chapter or may subject the licensee to a civil 

8 penalty of not more than $10,000 if the holder of such 

9 license has knowingly violated section 922(z). The actions 

10 of the Attorney General under this subsection may be re11 viewed only as provided in section 923(f).’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall be effective 180 days after the date of 

14 the enactment of this Act. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
The notes to the condensed  consolidated  financial  statements  are an integral
part of such statements and the condensed  consolidated financial information in
this schedule. Figures below are in thousands, except per-share data.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-03-1999
<PERIOD-END>                               FEB-26-1999
<CASH>                                           2,327
<SECURITIES>                                         0
<RECEIVABLES>                                  119,035
<ALLOWANCES>                                    10,550
<INVENTORY>                                    125,610
<CURRENT-ASSETS>                               265,658
<PP&E>                                          97,083
<DEPRECIATION>                                  37,650
<TOTAL-ASSETS>                                 349,284
<CURRENT-LIABILITIES>                           94,415
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        14,237
<OTHER-SE>                                     234,590
<TOTAL-LIABILITY-AND-EQUITY>                   349,284
<SALES>                                        148,184
<TOTAL-REVENUES>                               148,184
<CGS>                                           93,677
<TOTAL-COSTS>                                   93,677
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   852
<INTEREST-EXPENSE>                                 646
<INCOME-PRETAX>                                  9,913
<INCOME-TAX>                                     3,764
<INCOME-CONTINUING>                              6,149
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,149
<EPS-PRIMARY>                                      .13
<EPS-DILUTED>                                      .13
        

</TABLE>