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

No. 24869.

Court of Criminal Appeals of Texas.

Oct. 4, 1950.

C. H. Tupper, W. A. Johnson, W. E. Hall, of San Angelo, for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner.

Murder is the 'offense; the punishment, twenty-five years' in the penitentiary.

That appellant killed his father-in-law by shooting him with a high-powered rifle is not disputed, but admitted by appellant. The jury rejected the self-defense theory.

Two bills of exception appear complaining of statements ’made in the opening argument "of state’s counsel.

It would serve no useful purpose to set out the argument complained of. It is sufficient to say that it violated no statutory mandáte; nor was it obviously harmful, prejudicial, or manifestly improper; nor was any new fact thereby injected into the case. Reversible error is therefore not reflected. Vineyard v. State, 96 Tex.Cr.R. 401, 257 S.W. 548; Heidle v. State, 129 Tex.Cr.R. 201, 86 S.W.2d 641; Tadlock v. State, 139 Tex.Cr.R. 316, 139 S.W.2d 796; McMahon v. State, 147 Tex.Cr.R. 508, 182 S.W.2d 712; Mickle v. State, 149 Tex.Cr.R. 53, 191 S.W.2d 41.

The remaining bills of exception complain of the admission of testimony. These bills of exception cannot be considered because they are drawn in question-and-answer form, with no accompanying certificate of the trial judge that such was necessary.

Appellant contends that the bills were by the trial court ordered drawn in question-and-answer form and that such fact is reflected by the following and unattached order: “I, John F. Sutton, Judge of the District Court of Tom Green County, 51st Judicial District of Texas, hereby certify that in order to clearly understand Bills of Exception Numbers 3, 4, 5, 6, 7, & 8 in the above entitled and numbered cause the same should be put in question and answer form and 'samé are so approved in such form.”

The order was filed in the trial court long after the expiration of the time allowed for filing bills of exception.

The numbers set out in the order identify the bills of exception relating to the admission of testimony.

*852It will be noted that there is nothing in the order to show that it was made at the time the bills of exception were approved by the trial court or that it was made within the time allowed for the filing of the bills of exception in the trial court. For the order to be effective, it was necessary that it be made within such time.

The conclusion is reached that as same appears in the record, the order is insufficient to authorize consideration of the question-and-answer bills of *exception.*

The judgment is affirmed.

Opinion- approved by the court.
#### CHADWICK v. STATE.

No. 22523.

Court of Criminal Appeals of Texas.

May 19, 1943.

Aubrey Norris, of Waco, for appellant.

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

KRUEGER, Judge.

The conviction is for robbery with firearms, The punishment assessed is confinement in the state penitentiary for a period of nine years.

Since the filing of the record in this court, the appellant has presented a written motion, duly verified, stating that he no longer desires to prosecute the appeal and requesting that the same be dismissed. The motion is granted and the appeal is ordered dismissed.

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.
Exhibit 13.1



CERTIFICATION OF PERIODIC FINANCIAL REPORT

Pursuant to 18 U.S.C. Section 1350



In
connection with the Annual Report of CLP Holdings Limited (the Company) on Form 20-F for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Andrew
Brandler, Group Managing Director & Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: June 27, 2005





By:

/s/ Andrew BrandlerAndrew BrandlerGroup Managing Director &Chief Executive Officer






|* | A signed original 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.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Notices]
[Page 64209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27494]



[[Page 64209]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Filing

October 20, 2000.

    In the matter of: RT01-24-000, RT01-25-000, RT01-26-000, RT01-
27-000, RT01-28-000, RT01-29-000, RT01-30-000, RT01-31-000, RT01-32-
000, RT01-33-000, RT01-35-000, RT01-36-000, RT01-37-000, RT01-38-
000, (Not Consolidated); Edison Mission Energy and Midwest 
Generation, LLC, Cleco Utility Group, Inc., Northern Indiana Public 
Service Company, Electric Energy, Inc., Oklahoma Gas and Electric 
Company, Empire District Company, Florida Keys Electric Cooperative 
Association, Inc., Inland Power & Light Company, Kandiyohi 
Cooperative Electric Power Association, Edison Sault Electric 
Company, Avista Corporation, Bonneville Power Administration, Idaho 
Power Company, Montana Power Company, Nevada Power Company, 
PacifiCorp, Portland General Electric Company, Puget Sound Energy, 
Inc., Sierra Pacific Power Company, McDonough Power Cooperative, 
Dayton Power and Light Company, Montana-Dakota Utilities Company.

    Take notice that on October 16, 2000, the entities listed in the 
caption above made compliance filings pursuant to 18 CFR 35.34(c) and 
the Commission's Order No. 2000.\1\
---------------------------------------------------------------------------

    \1\ Regional Transmission Organizations, Order No. 2000, 65 Fed. 
Reg. 809 (January 6, 2000), FERC Stats. & Regs. para.31,089 (1999), 
order on reh'g, Order No. 2000-A, 65 Fed. Reg. 12,088 (March 8, 
2000), FERC Stats. & Regs. para.31,092 (2000).
---------------------------------------------------------------------------

    Any person desiring to be heard or to protest such filings should 
file a motion to intervene, comments, or protest with the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426, in accordance with Rules 211 and 214 of the Commission's Rules 
of Practice and Procedure (18 CFR 385.211 and 385.214). All such 
motions, comments and protests should be filed on or before November 
20, 2000. Protests will be considered by the Commission to determine 
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. This 
filing may also be viewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). Beginning November 
1, 2000, comments and protests may be filed electronically via the 
internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-27494 Filed 10-25-00; 8:45 am]
BILLING CODE 6717-01-M
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Darrian De’Anthony Davis-Sanders, 

Appellant

No. 06-14-00187-CR v.

The State of Texas, Appellee

Appeal from the 336th District Court of 

Fannin County, Texas (Tr. Ct. No. CR-12-

24273). Opinion delivered by Justice 

Burgess, Chief Justice Morriss and Justice 

Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Darrian De’Anthony Davis-Sanders, has adequately indicated 

his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED AUGUST 4, 2015

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3174 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 3174

_______________________________________________________________________

                                 AN ACT

 
  To authorize the Secretary of Transportation to obligate funds for 
emergency relief projects arising from damage caused by severe weather 
                events in 2013, and for other purposes.

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

SECTION 1. EMERGENCY RELIEF PROJECTS.

    The Secretary of Transportation may obligate any funds made 
available to implement section 125 of title 23, United States Code, for 
emergency relief projects arising from damage caused by severe weather 
events in 2013, without any limitation on obligations for such projects 
resulting from a single natural disaster or a single catastrophic 
failure in a State.

            Passed the House of Representatives September 30, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 3174

_______________________________________________________________________

                                 AN ACT

  To authorize the Secretary of Transportation to obligate funds for 
emergency relief projects arising from damage caused by severe weather 
                events in 2013, and for other purposes.
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1448

STEVEN PAUL FLEMING, Plaintiff - Appellant, versus PRINCE GEORGES COUNTY, MARYLAND; PRINCE GEORGES COUNTY, Courthouse, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98- 3624-MJG) Submitted: August 5, 1999 Decided: August 10, 1999 Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Steven Paul Fleming, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Steven Paul Fleming appeals the district court’s order denying Fleming’s motion to reopen his civil action and declining to extend the time in which to file a notice of appeal. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Fleming v. Prince Georges County , No. CA-98-3624-MJG (D. Md. Mar. 23, 1999). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3249 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3249

 Making continuing appropriations for all departments and agencies of 
            the Federal Government, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2013

 Mr. Grayson introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
 Making continuing appropriations for all departments and agencies of 
            the Federal Government, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fiscal Sanity Act for 
Appropriations''.

SEC. 2. CONTINUING APPROPRIATIONS.

    There is hereby appropriated for 90 days after the date of 
enactment of this Act--
            (1) for each project or activity for which budget authority 
        was provided in the Consolidated and Further Continuing 
        Appropriations Act, 2013 (Public Law 113-6), an amount equal to 
        the budget authority provided in such Act, as reduced pursuant 
        to the Presidential sequestration order dated March 1, 2013, to 
        remain available for a comparable period of availability; and
            (2) for entitlements and other mandatory payments whose 
        budget authority was provided in appropriations Acts for fiscal 
        year 2013, and for activities under the Food and Nutrition Act 
        of 2008, such amounts as may be necessary to maintain program 
        levels as they existed on September 30, 2013.
                                 <all>
```
Exhibit
32





Certifications
Pursuant to 18 U.S.C. Section 1350





The
undersigned, who are the chief executive officer and the chief financial officer
of Synalloy Corporation, each hereby certifies that, to the best of his
knowledge, the accompanying Form 10-Q of the issuer fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
and that information contained in the report fairly presents, in all material
respects, the financial condition and results of operations of the
issuer.











May 9, 2008
            /s/Ronald H.
      BraamRonald
      H. Braam
              Chief
      Executive Officer/s/Gregory M.
      BowieGregory
      M. Bowie
              Vice
      President, Finance and Chief Financial
Officer
#### TEMPLETON v. STATE.

No. 24357.

Court of Criminal Appeals of Texas.

April 27, 1949.

No appearance for appellant.

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

.KRUEGER, Judge.

The offense is murder without malice. The punishment assessed is confinement in the state penitentiary for a term of five years.

The record is before us without bills of exceptions, objections to the court’s charge, or a statement of facts. Consequently, there is nothing presented for review:

In our examination of the transcript, we find that the trial judge in sentencing appellant failed to make application of the indeterminate sentence law,. Vernon’s Ann.C.C.P. art. 775. Therefore, the sentence will be reformed so as to read that appellant shall be confined in the state penitentiary for a term of not less than two nor more than five years, and as so reformed, the judgment is affirmed.

Opinion approved by the Court
<PAGE>   1
                                                                    EXHIBIT 11.1


                        DIAMOND MULTIMEDIA SYSTEMS, INC.

         STATEMENT REGARDING COMPUTATION OF NET INCOME (LOSS) PER SHARE

                      (in thousands, except per share data)


<TABLE>
<CAPTION>
                                                                  THREE MONTHS ENDED                   SIX MONTHS ENDED
                                                                       JUNE 30,                            JUNE 30,
                                                                1997              1996              1997              1996
                                                              --------          --------          --------          --------
<S>                                                          <C>               <C>               <C>                <C>
Weighted average common shares outstanding for period           34,254            34,328            34,217            34,440

Dilutive employee stock options                                      -                 -                 -               671
                                                              --------          --------          --------          --------

Shares used in per share calculations                           34,254            34,328            34,217            35,111
                                                              ========          ========          ========          ========

Net income (loss)                                             ($44,109)         ($ 4,790)         ($50,060)         $  6,404
                                                              ========          ========          ========          ========

Net income (loss) per share                                   ($  1.29)         ($  0.14)         ($  1.46)         $   0.18
                                                              ========          ========          ========          ========
</TABLE>

The difference between the calculation of net income (loss) per share calculated
on the primary and fully diluted basis is not material.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                         326,949
<SECURITIES>                                         0
<RECEIVABLES>                                4,699,627
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             5,080,692
<PP&E>                                      22,626,375
<DEPRECIATION>                              10,978,632
<TOTAL-ASSETS>                              20,209,356
<CURRENT-LIABILITIES>                       18,411,988
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 12,394,631
<COMMON>                                       387,272
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                20,209,356
<SALES>                                     21,912,796
<TOTAL-REVENUES>                            21,912,796
<CGS>                                       15,148,887
<TOTAL-COSTS>                               15,148,887
<OTHER-EXPENSES>                            13,024,729
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,147,162
<INCOME-PRETAX>                            (7,658,676)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (7,658,676)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (7,658,676)
<EPS-BASIC>                                     (0.28)
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT
31.1




CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO


SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002





I, Steven
J. Cohen, the principal executive officer of Z Trim Holdings, Inc., certify
that:





1.           I
have reviewed this annual report on Form 10-KSB of Z Trim Holdings,
Inc.;





2.           Based
on my knowledge, this annual report does not contain any untrue statement of a
material fact or omit to state a material fact necessary in order 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 annual
report;





3.           Based
on my knowledge, the financial statements, and other financial information
included in this annual 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 annual 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-15(e) and 15d-15(e)) for the registrant and we 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 registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this annual report is being prepared;





(b)           Evaluated
the effectiveness of the registrant'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 upon such evaluation; and





(c)           Disclosed
in this report any change in the registrant's internal control over financial
reporting that occurred during the registrants' fourth fiscal quarter that has
materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting;





5.           The
registrant's other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of
directors:





(a)           All
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
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.




Dated:  April
      14, 2008
              By:
              /s/ Steven
      J. CohenSteven
      J. CohenPresident(Principal
      Executive Officer)