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

No. 25656.

Court of Criminal Appeals of Texas.

Jan. 23, 1952.

Rehearing Denied March 12, 1952.

*897Mahlon L. Walters, Jefferson, for appellant.

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

MORRISON, Judge.

The offense is unlawfully carrying a pistol; the punishment, a fine of $100.00. Three State’s witnesses testified that they saw appellant near the door of the cafe with a pistol in his hand.

Appellant testified, admitting that he had been at the cafe on the time in question, that he had had an argument with the proprietor over the nickelodian but denied that he had a pistol of any kind with him on that occasion.

Plaving testified, he thereby established his defensive issues.

The great majority of the bills of exception complain of the court’s failure to charge that the pistol carried by appellant must have been proven to be one capable of being fired and one posssessed of all the component parts of a pistol.

Bill of exception No. 8 complains that he was limited in his argument of the above contention to the jury. We do not find such issue to have been raised by the evidence and therefore conclude that the trial court acted properly.

Finding no reversible error, the judgment of the trial court is affirmed.

On Appellant’s Motion for Rehearing

DAVIDSON, Commissioner.

The witnesses for the state testified that the appellant had on his person a pistol at the time and place mentioned. This testimony made a prima facie case against the appellant. It was not the burden of the state to go further and show that the pistol was a pistol within the meaning of the statute making unlawful the carrying of a pistol.

If the pistol appellant was alleged to have been carrying was not, in fact, such a weapon, the appellant should have so shown as a defense.

The appellant’s motion for rehearing is overruled.

Opinion approved by the Court
Case 3:22-cr-00153-K Document 41 Filed 10/18/22 Page 1 of 1 PageID 89
* Pursuant to Local Rule 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 Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-20107

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RICHARD L. MINNS,

Defendant-Appellant.

Appeal from the United States District Court

For the Southern District of Texas

(H-94-CV-3918)

December 5, 1996

Before POLITZ, Chief Judge, WIENER and STEWART, Circuit Judges.

PER CURIAM: *

T his matter is before the court on appeal by Richard Louis Minn s of an

adverse summary judgment f or past due taxes, interest, and penalties. Having

considered the briefs, oral arguments, and pertinent parts of the recor d, and with2

due regard for the candid state ments of the government’s counsel, the judgment

appealed is VACATED and the matter is REMAN DED solely for a redetermination

of the correct amount of taxes, interest, and penalties, if any, which remain unpaid.

VACATED and REMANDED.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 291 Received in Senate (RDS)]

103d CONGRESS
  2d Session
H. CON. RES. 291

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 20 (legislative day, September 12), 1994

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   Directing the Secretary of the Senate to make corrections in the 
                         enrollment of S. 1587.

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill (S. 1587) to revise and streamline 
the acquisition laws of the Federal Government, and for other purposes, 
the Secretary of the Senate shall make the following corrections:
            (1) In paragraph (2)(A) of the matter proposed to be added 
        at the end of section 3553(f) of title 31, United States Code, 
        by paragraph (2) of section 1403(c)--
                    (A) strike out ``person'' both places it appears 
                and insert in lieu thereof ``party''; and
                    (B) strike out ``subparagraph (C)'' and insert in 
                lieu thereof ``subparagraph (B)''.
            (2) In the matter proposed to be inserted in section 
        111(f)(5) of the Federal Property and Administrative Services 
        Act of 1949 by subsection (a) of section 1435, insert after 
        ``and no party'' in the second sentence the following: ``(other 
        than a small business concern (within the meaning of section 
        3(a) of the Small Business Act))''.
            (3) In the matter proposed to be added at the end of the 
        Office of Federal Procurement Policy Act by section 4101--
                    (A) strike out ``subsection (c)'' in subsection 
                (a)(2) of such matter and insert in lieu thereof 
                ``subsection (b)''; and
                    (B) strike out ``subsection (a)'' in subsection (b) 
                of such matter and insert in lieu thereof ``subsection 
                (a)(2)''.
            (4) In the matter proposed to be added at the end of the 
        Office of Federal Procurement Policy Act by section 8003, 
        strike out ``subsections (a)'' in subsection (c) of such matter 
        and insert in lieu thereof ``subsections (a)(2)''.
            (5) In subsection (c) of section 10001, strike out ``and 
        7207'' and insert in lieu thereof ``and 7206''.

            Passed the House of Representatives September 20, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```
---

Exhibit 32.1

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. 1350)

Pursuant to Section 906 of the
Sarbanes-Oxley Act of (18 U.S.C. 1350), the undersigned officer of Stockhouse
Inc., a Colorado corporation (the Company), does hereby certify, to the best
of such officers knowledge and belief, that:

(1) The Annual Report on Form 10-K/A  for
the year ended December 31, 2008 (the Form 10-K/A ) of the Company 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-K/A  fairly presents, in all materials respects, the financial condition
and results of operations of the Company.

|Date: April 3,
    2009 | /s/
      Marcus A New               
|----------------------- | -------------------------------------
|                        | Marcus A. New                        
|                        | President and Chief Executive Officer

This certification shall not be
deemed filed for purposes of Section 18 of the Securities Exchange Act, or
otherwise subject to the liability of that section. Such certification will not
be deemed to be incorporated by reference into any filing under the Securities
Act or the Securities Exchange Act.

---
EXHIBIT 21.1

|                                  |            |  |              |  |  |         
|--------------------------------- | ---------- |  | ------------ |  |  | --------
|                                  |            |  | Exhibit 21.1 |  |  |         
|                                  |            |  |              |  |  |         
|                                  |            |  | Subsidiaries |  |  |         
|                                  |            |  |              |  |  |         
|                                  |            |  |              |  |  |         
|                                  | Subsidiary |  |              |  |  |         
|                                  |            |  |              |  |  |         
|                                  |            |  |              |  |  |         
|Aceras BioMedical LLC             |            |  |              |  |  | Delaware
|                                  |            |  |              |  |  |         
|Rodman & Renshaw, LLC             |            |  |              |  |  | Delaware
|                                  |            |  |              |  |  |         
|Rodman Principal Investments, LLC |            |  |              |  |  | Delaware

---
Exhibit 99.1(b)
                                                                 ---------------



                            CERTIFICATION PURSUANT TO
                            -------------------------
                               18 U.S.C. ss.1350,
                               ------------------
                             AS ADOPTED PURSUANT TO
                             ----------------------
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                  ---------------------------------------------


 In  connection  with  the  Quarterly  Report  of  Homeseekers.com,   Inc,  (the
 "Company")  on Form 10-Q for the period  ended June 30,  2002 as filed with the
 Securities and Exchange Commission on the date hereof (the "Report"). I, Steven
 M. Crane,  President,  Chief  Operating  Officer,  and Acting  Chief  Financial
 Officer of the  Company,  certify,  pursuant to 18 U.S.C.  ss.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.




 /S/ Steven M. Crane
 -------------------------------------
 Steven M. Crane
 President and Chief Operating Officer
 Acting Chief Financial Officer
 August 11, 2002
[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Notices]
[Page 66980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28634]



[[Page 66980]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-320-033]


Koch Gateway Pipeline Company; Notice of Negotiated Rate Filing

November 2, 2000.
    Take notice that on October 30, 2000, Koch Gateway Pipeline Company 
(Koch) filed with the Commission contracts between Koch and the 
following companies for disclosure of recently negotiated rate 
transactions. As shown on the contracts, Koch requests an effective 
date of November 1, 2000.

Special Negotiated Rate Between Koch Gateway Pipeline and Dynergy 
Gas Transportation
Koch Gateway Pipeline and Laclede Gas Company

    Koch states that it has served copies of this filing upon all 
parties on the official service list created by the Secretary in this 
proceeding.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NW., 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). 
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.

David P. Boergers,
Secretary.
[FR Doc. 00-28634 Filed 11-7-00; 8:45 am]
BILLING CODE 6717-01-M
IV

103D CONGRESS

2D SESSION H. CON. RES. 301

Expressing the sense of the Congress regarding entitlements.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 30, 1994

Mr. ORTON submitted the following concurrent resolution; which was referred

to the Committee on Government Operations

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding entitlements.

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that cur3 rent trends in entitlement spending are not sustainable

4 and Congress must act to resolve the long term imbalance

5 of the entitlement promises and available funds to ensure

6 that today’s debt does not fall unfairly on America’s

7 children.

Æ
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 Defense

###### Department of the Army

# AGENCY:

U.S. Army Research Laboratory, Adelphi, Maryland, DoD.

# ACTION:

Notice. 

# SUMMARY:

In accordance with 37 CFR 404.6, announcement is made of the availability of the following U.S. patent for non-exclusive, partially exclusive or exclusive licensing. The listed patent has been assigned to the United States of America as represented by the Secretary of the Army, Washington, DC.

This patent covers a wide variety of technical arts including: A wide dynamic range RF mixer using wide bandgap semiconductors such as SiC.

Under the authority of section 11(a)(2) of the Federal Technology Transfer Act of 1986 (Public Law 99-502) and section 207 of Title 35, United States Code, the Department of the Army as represented by the U.S. Army Research Laboratory wish to license the U.S. patent listed below in a non-exclusive, exclusive or partially exclusive manner to any party interested in manufacturing, using and/or selling devices or processes covered by this patent.

*Title:*                        Wide Dynamic Range RF Mixers Using Wide Bandgap Semiconductors.                    

*Inventors:*                        Christian Fazi and Philip G. Neudeck                    

*Patent Number:*                        6,111,452.                    

*Issued Date:*                        August 29, 2000.                    

# FOR FURTHER INFORMATION CONTACT:

Norma Cammaratta, Technology Transfer Office, AMSRL-CS-TT, U.S. Army Research Laboratory, Adelphi, MD 20783-1197; tel: (301) 394-2952; fax: (301) 394-5818.

# SUPPLEMENTARY INFORMATION:

None.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 00-28390  Filed 11-3-00; 8:45 am]

BILLING CODE 3710-08-M
[Federal Register Volume 65, Number 27 (Wednesday, February 9, 2000)]
[Notices]
[Page 6376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2866]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Agency Recordkeeping/Reporting Requirements Under Emergency 
Review by the Office of Management and Budget (OMB)

    Title: April 2000 Current Population Survey Supplement on Child 
Support.
    OMB No.: 0992-0003.
    Description: Collection of these data will assist legislators and 
policymakers in determining how effective their policymaking efforts 
have been over time in applying the various child support legislation 
to the overall child support enforcement picture. This information will 
help policymakers determine to what extent individuals on welfare would 
be removed from the welfare rolls as a result of more stringent child 
support enforcement efforts.
    Respondents: Individuals.

                                             Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden
                 Instrument                      Number of      responses per      hours per       Total burden
                                                respondents       respondent        response          hours
----------------------------------------------------------------------------------------------------------------
Survey......................................          47,000                1            .0241            1,136
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 1,136.
    Additional Information: ACF is requesting that OMB grant a 180 day 
approval for this information collection under procedures for emergency 
processing by April 1, 2000. A copy of this information collection, 
with applicable supporting documentation, may be obtained by calling 
the Administration for Children and Families, Reports Clearance 
Officer, Bob Sargis at (202) 401-6465 or e-mail at 
<a href="/cdn-cgi/l/email-protection#2d5f5e4c5f4a445e6d4c4e4b034945455e034a425b"><span class="__cf_email__" data-cfemail="3644455744515f457657555018525e5e4518515940">[email protected]</span></a>.
    Comments and questions about the information collection described 
above should be directed to the following by April 1, 2000: Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for ACF, 
Office of Management and Budget, Paperwork Reduction Project, 725 17th 
Street NW, Washington, DC 20503, (202) 395-7316.

    Dated: February 3, 2000.
Bob Sargis,
Reports Clearance Officer.
[FR Doc. 00-2866 Filed 2-8-00; 8:45 am]
BILLING CODE 4184-01-M


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# I
#### Ex parte RAWLINS.

No. 26352.

Court of Criminal Appeals of Texas.

March 11, 1953.

Clyde Boose, Sweetwater, for appellant.

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

*878MORRISON, Judge.

Relator, an inmate of the Texas prison system, seeks his discharge by writ of ha-beas corpus, alleging that he was. not represented by counsel when he waived a jury and plead guilty before the District Court of Nolan County.

It is stipulated by counsel for the State and the accused that on November 17, 1952, the relator entered his plea of guilty in cause No. 3038 before the District Court of Nolan County, that he waived a jury and had no attorney to represent him, and that none was appointed. We further find in the record a statement by the court confirming the above stipulation.

Article 10a, Vernon’s Ann.C.C.P., provides that before a defendant who has no attorney can agree to waive a jury, the court must appoint an attorney to represent him. The provision is mandatory. Hernandez v. State, 138 Tex.Cr.R. 4, 133 S.W.2d 584.

The application for writ of habeas corpus is granted, and it is ordered that the relator be discharged from the custody of the Texas prison system and delivered by the penitentiary authorities to the custody of the Sheriff of Nolan County to answer the indictment pending against him in said cause No. 3038 in the District 'Court of Nolan County. ’
#### LACY v. STATE.

No. 21741.

Court of Criminal Appeals of Texas.

Nov. 19, 1941.

Rehearing Denied Jan. 7, 1942.

Alex P. Pope, of Tyler, for appellant.

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

*397KRUEGER, Judge.

The offense charged is the possession of equipment used in the manufacture of illicit beverage in a dry area. The penalty assessed is a fine of $100.

The record is before us without a statement of facts or bills of exception. Appellant entered a plea of guilty to the offense charged and waived a jury upon the trial. The complaint and information, as wel] as other matters of procedure, appear to be in regular form.

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.