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

No. 22602.

Court of Criminal Appeals of Texas.

Nov. 3, 1943.

Rehearing Denied Jan. 5, *1944.*

R. L. Rust, of Eastland, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The conviction is for the offense of aggravated assault and battery. The punishment assessed is confinement in the county jail for a period of six months and a fine of $150.

 There are no bills of exception in the record, nor any objections to the court’s charge. Consequently, there is nothing presented for review except the sufficiency of the evidence to sustain the conviction. The record shows that appellant and the alleged assaulted party were husband and wife; that they had not been getting along very peacefully for some time prior to the 14th day of October, 1942, at which time appellant struck his wife on the head with a steel shovel, inflicting painful injuries upon her, as a result of which she was confined in the hospital for about six days, where she received medical attention by an able and competent physician.

Appellant took the witness stand and testified in his own behalf. He stated that he did not at any time strike his wife with a shovel but that she ran into it and thus cut her head.

Appellant filed quite a lengthy motion for new trial in which he claimed that he was denied the right to have and be represented by counsel. The statement in his motion is not supported by the record, which shows that the court appointed counsel who prepared and filed an application for a suspended sentence and advised appellant of his legal rights in the matter. This was all the attorney was required to do.

Appellant also brings forward a complaint relative to the court’s action in overruling a verbal motion for a continuance. This matter cannot be reviewed inasmuch as it is not made to appear from the record that he complied with all the statutory requirements relating to the application for a continuance. See Article 543, C.C.P.

There are some other matters presented for review by the motion for new trial which were not raised during the trial, hence the same are not properly before us for review.

From what we have said, it follows that the judgment of the trial court should be in all things affirmed, and it is so ordered.

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.

*326On Motion for Rehearing.

GRAVES, Judge.

Appellant files a motion for a rehearing in which he alleges many fundamental errors. All of these allegations have been carefuly considered, and we find ourselves unable to agree with him on any one of them.

We think this case was properly disposed of in our original opinion. The motion will therefore be overruled.
[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Notices]
[Page 64257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27570]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,996]


Consolidated Metco, Inc., Rivergate Plant, Portland, OR; Notice 
of Termination of Investigation

    Pursuant to section 221 of the Trade Act of 1974, an investigation 
was initiated on August 21, 2000, in response to a worker petition 
which was filed by the International Association of Machinists and 
Aerospace Workers, Lodge 1432, on behalf of workers at Consolidated 
Metco, Inc., Rivergate Plant, Portland, Oregon.
    The petitioner has requested that the petition be withdrawn. 
Consequently further investigation in this case would serve no purpose, 
and the investigation has been terminated.

    Signed in Washington, DC, this 12th day of October 2000.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 00-27570 Filed 10-25-00; 8:45 am]
BILLING CODE 4510-30-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
STATEMENTS OF INCOME AND CONSOLIDATED BALANCE SHEETS.
</LEGEND>
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               4
<SECURITIES>                                         0
<RECEIVABLES>                                      359
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   433
<PP&E>                                           4,496
<DEPRECIATION>                                       0<F1>
<TOTAL-ASSETS>                                   5,152
<CURRENT-LIABILITIES>                              650
<BONDS>                                          1,354
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       1,689
<TOTAL-LIABILITY-AND-EQUITY>                     5,152
<SALES>                                              0
<TOTAL-REVENUES>                                   518
<CGS>                                                0
<TOTAL-COSTS>                                      271
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  89
<INCOME-PRETAX>                                    188
<INCOME-TAX>                                        62
<INCOME-CONTINUING>                                126
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       126
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00
<FN>
<F1>Not separately identified in the consolidated financial statements or
accompanying notes thereto.
</FN>


</TABLE>
November 22, 2010 

MEMORANDUM 

SUBJECT: Meeting with Counsel for the House of Representatives’ Committee on Energy 

and Commerce 

FROM: Kimberly Cochran 

Office of Resource Conservation and Recovery 

TO: Docket ID No. EPA-HQ-RCRA-2008-0329 

A conference call was held on November 22, 2010 between counsel for the House of 

Representatives’ Committee on Energy and Commerce and EPA to discuss how the proposed 

rule, “Identification of Non-Hazardous Secondary Materials that are Solid Wastes (NHSM),” 

would characterize used oil. EPA explained that the definition of solid waste hinges on whether 

the material has been discarded and generally discussed how “on-spec” and “off-spec” used oil 

are affected using the proposed approach. 

List of Meeting Attendees:

Melissa Cheatham, Energy & Commerce Committee 

Alexandra Teitz, Energy & Commerce Committee 

Jaqueline Cohen, Energy & Commerce Committee 

Raquel Snyder, EPA/OCIR 

Mike Galbraith, EPA/OSWER 

Marc Thomas, EPA/OSWER 

Kimberly Cochran, EPA/OSWER
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  Annual  Report of Circle  Group  Holdings,  Inc.  (the
"Company") on Form 10-KSB for the annual period ended December 31, 2006 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Gregory J. Halpern, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act
of 2002, that, to the best of 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 operations of the Company.


/S/  GREGORY J. HALPERN
-------------------------
Gregory J. Halpern
Chief Executive Officer
April 2, 2007
EXHIBIT 23.2

Consent of Independent Registered Public Accounting Firm

We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 No. 333-112082 and the
Registration Statements on Form S-8 (Nos. 333-116085, 333-103655, 333-89438, 333-61446, 333-82473,
333-60779 and 333-58285) of Evolving Systems, Inc. of our report dated March 22, 2004 relating to the consolidated financial statements and consolidated financial
statement schedule, which appears in this Form 10-K.

/s/
PricewaterhouseCoopers LLP

Denver,
Colorado
March 25, 2005

---



QuickLinks
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.                  

###### Commodity Futures Trading Commission

# TIME AND DATE:

11 a.m., Friday, November 3, 2000.

# PLACE:

1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

# STATUS:

Closed.

# MATTERS TO BE CONSIDERED:

                        Surveillance Matters.                              ( print page 63844)    

# FOR FURTHER INFORMATION CONTACT:

Jean A. Webb, 202-418-5100.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 00-27598  Filed 10-23-00; 4:00 pm]

BILLING CODE 6351-01-M
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<DEBT-HELD-FOR-SALE>                         1,333,493
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      90,173
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                               1,423,666
<CASH>                                          73,564
<RECOVER-REINSURE>                              41,323
<DEFERRED-ACQUISITION>                         121,083
<TOTAL-ASSETS>                               2,481,639
<POLICY-LOSSES>                              1,184,709
<UNEARNED-PREMIUMS>                            450,080
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                175,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       150,452
<OTHER-SE>                                     355,506
<TOTAL-LIABILITY-AND-EQUITY>                 2,481,639
<PREMIUMS>                                     134,584
<INVESTMENT-INCOME>                             22,582
<INVESTMENT-GAINS>                              11,388
<OTHER-INCOME>                                   3,363
<BENEFITS>                                      95,208
<UNDERWRITING-AMORTIZATION>                     34,423
<UNDERWRITING-OTHER>                             4,284
<INCOME-PRETAX>                                 30,052
<INCOME-TAX>                                     5,629
<INCOME-CONTINUING>                             24,423
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    24,423
<EPS-PRIMARY>                                     0.96
<EPS-DILUTED>                                     0.94
<RESERVE-OPEN>                                 910,996
<PROVISION-CURRENT>                            136,775
<PROVISION-PRIOR>                              (2,200)
<PAYMENTS-CURRENT>                               1,403
<PAYMENTS-PRIOR>                                89,659
<RESERVE-CLOSE>                                954,509
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
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

In connection with the Annual Report on Form 10-K of Merrill Lynch
Preferred Capital Trust III and Merrill Lynch Preferred Funding III, L.P.
(the "Partnership") for the period ended December 26, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),
I, John J. Fosina, Controller of Merrill Lynch & Co., Inc., the General
Partner of the Partnership, 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
    Partnership.




                              MERRILL LYNCH PREFERRED FUNDING III, L.P.

                              By:  MERRILL LYNCH & CO., INC., as General Partner


                              By:  /s/ JOHN J. FOSINA
                                   ---------------------------------------------
                              Name:    John J. Fosina *
                              Title:   Controller, Merrill Lynch & Co., Inc.








Dated: March 22, 2004
_____________________

*  John J. Fosina functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of the Partnership for purposes of Section 906
   of the Sarbanes-Oxley Act of 2002.
[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Page 63851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27343]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-53-000]


Great Lakes Gas Transport, LLC; Notice of Proposed Changes in 
FERC Gas Tariff

October 19, 2000.
    Take notice that on October 16, 2000, Great Lakes Gas Transport, 
LLC (GT), formerly Gas Transport, Inc., tendered for filing as part of 
its FERC Gas Tariff, Second Revised Volume No. 1, Third Revised Sheet 
No. 143, with a proposed effective date of November 1, 2000.
    GT states that the purpose of the instant filing is to comply with 
Order No. 587-L issued June 30, 2000 in Docket No. RM96-1-014, which 
permits shippers to offset imbalances on different contracts held by 
the shipper and to trade imbalances.
    GT states that copies of this filing were served upon its customers 
and interested state commissions.
    Any person desiring to be heard or to protect said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-27343 Filed 10-24-00; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-START>                             JUN-01-1998
<PERIOD-END>                               AUG-31-1998
<CASH>                                           4,216
<SECURITIES>                                     4,402
<RECEIVABLES>                                   25,830
<ALLOWANCES>                                       856
<INVENTORY>                                     11,038<F1>
<CURRENT-ASSETS>                                50,631
<PP&E>                                          61,139
<DEPRECIATION>                                  40,774
<TOTAL-ASSETS>                                  75,358
<CURRENT-LIABILITIES>                           20,946
<BONDS>                                          7,312
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        47,572
<OTHER-SE>                                     (3,355)
<TOTAL-LIABILITY-AND-EQUITY>                    75,358
<SALES>                                         34,140
<TOTAL-REVENUES>                                38,128
<CGS>                                           21,137
<TOTAL-COSTS>                                   23,877
<OTHER-EXPENSES>                                14,104
<LOSS-PROVISION>                                    39
<INTEREST-EXPENSE>                                 138
<INCOME-PRETAX>                                      9
<INCOME-TAX>                                         4
<INCOME-CONTINUING>                                  5
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         5
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>INVENTORY DETAIL AT AUGUST 31, 1998 WAS FINISHED GOODS $6,003; WORK IN PROCESS
$636; RAW MATERIALS $4,399.
</FN>
        

</TABLE>
#### Commonwealth vs. Jimmy Crapps, Jr.

No. 04-P-827.

October 3, 2005.

*Constitutional Law,*Confrontation of witnesses. *Practice, Criminal,*Confrontation of witnesses. *Evidence,*Business record, Certificate of drug analysis, Prior conviction.

The defendant was convicted in the Superior Court of distribution of a class B substance, second offense, in violation of G. L. c. 94C, § 32A. The charges arose out of an undercover purchase of cocaine in Springfield in November, 2001. In support of the distribution charge, Officer Felix Aguire of the Springfield police department testified that he seized a substance from the defendant and forwarded it to a laboratory at the University of Massachusetts for analysis. The substance was introduced in evidence, as was a certificate of analysis obtained pursuant to G. L. c. Ill, § 13, indicating that the substance was cocaine.1

After the defendant was convicted of the underlying drug distribution offense, the Commonwealth proceeded to trial on the second offense portion of *916the indictment and introduced in evidence a copy of a criminal docket sheet showing the defendant’s prior conviction for drug distribution. This criminal record was certified pursuant to G. L. c. 233, § 76.2

*Mark W. Helwig*for the defendant.

*Thomas H. Townsend,*Assistant District Attorney, for the Commonwealth.

In this appeal, the defendant claims that both the drug certificate of analysis and the record of prior conviction were erroneously admitted in light of *Crawford*v. Washington, 541 U.S. 36 (2004).

In *Commonwealth*v. *Verde,*444 Mass. 279, 280 (2005), the court held that “a drug certificate [pursuant to G. L. c. Ill, § 113,] is akin to a business record and the confrontation clause is not implicated by this type of evidence.” That decision controls the defendant’s first claim, and we hold that the defendant’s second claim is also controlled by *Commonwealth*v. *Verde, supra,*as we conclude that a record of prior conviction, certified pursuant to G. L. c. 233, § 76, is “this type of evidence,” and similarly beyond the prohibition of *Crawford*v. *Washington, supra.**3*

*Judgment affirmed.*

1

 General Laws c. Ill, § 13, as amended by St. 1981, c. 700, § 2, provides, in relevant part, “[t]he analyst or an assistant analyst of the department [of public health] *916or of the University of Massachusetts medical school shall upon request furnish a signed certificate, on oath, of the result of the analysis.”

2

 General Laws c. 233, § 76, provides that copies of documents in any department of the Commonwealth “authenticated by the attestation of the officer who has charge of the same, shall be competent evidence in all cases equally with the originals thereof.”

3

 At least one other jurisdiction has decided that because authors of prior conviction records are not witnesses against criminal defendants, an attestation of a conviction record’s veracity is not “testimonial” under *Crawford.*See *People*v. *Shreck,*107 P.3d 1048, 1060-1061 (Colo. Ct. App. 2004).
#### BOSTWICK v. BUCKLIN.

No. 11507.

Court of Civil Appeals of Texas. San Antonio.

June 6, 1945.

Smallwood & Gibbon, of Harlingen, for appellant.

West & Hightower, of Brownsville, and P. F. Dominy, of San Benito, for ap-pellee.

NORVELL, Justice.

• Appellant has filed herein a motion to certify a question to the Supreme Court because of a conflict of decisions. Rule 462, Texas Rules of Civil Procedure. This motion is overruled, for, if there be a conflict of decisions, the Suppeme Court has jurisdiction of this cause upon writ of error. Article 1728, Sec. 2, Article 1821, sec. 1, Vernon’s Ann.Civ.Stats.; Travelers’ Ins. Co. v. Barker, 125 Tex. 359, 80 S.W.2d 953; Duval v. Clark, 138 Tex. 186, 157 S.W.2d 626; Gulf Production Co. v. Warren, Tex.Civ.App., 99 S.W.2d 616; Freedman Packing Co. v. Harris, Tex.Civ.App., 160 S.W.2d 130.

Motion overruled.