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

No. 20151.

Court of Criminal Appeals of Texas.

Feb. 1, 1939.

Ray Cowsert, of Dimmitt, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

GRAVES, Judge.

The appellant was charged with a violation of the liquor laws of this State in that as a pharmacist licensed to sell whisky for medicinal purposes under a doctor’s' prescription, he had sold whisky to one Woodrow McDermitt without a prescription therefor being issued by a regularly licensed physician, and upon a trial therefor he was fined the sum of $100.

The complaint and information fail to-allege that such sale was made “for medicinal purposes.” We have heretofore held in Wilson v. State, 132 Tex.Cr.R. 156, 102 S.W.2d 1057, that such an averment was essential. To the same effect is the case of Gunn v. State, 133 Tex.Cr.R. 226, 109 S.W.2d 1056; also Taylor v. State, 133 Tex.Cr.R. 299, 110 S.W.2d 582, also Smith v. State, 134 Tex.Cr.R. 293, 115 S.W.2d 668.

This matter .was called to the trial court’s-attention in a motion in arrest of judgment.

The complaint and information are both defective in that they fail to allege that such whisky was sold “for medicinal purposes” without a proper prescription.

The judgment is reversed and the prosecution ordered dismissed.
NO. 07-03-0083-CV

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL E

	MARCH 20, 2003

	______________________________

	JIMMY R. LATHAM, APPELLANT

	V.

	WHITTENBURG, WHITTENBURG & SCHACHTER, P.C.,

	CONANT, WHITTENBURG, FRENCH & SCHACHTER,

	P.C. AND KARL BAUMGARDNER, APPELLEES

	_________________________________

	FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;

	NO. 88,829-C; HONORABLE PATRICK A. PIRTLE, JUDGE

	_______________________________

Before REAVIS and CAMPBELL, JJ., and BOYD, S.J.1

	MEMORANDUM OPINION

	In this proceeding, appellant Jimmy R. Latham attempted to appeal a take-nothing summary judgment in favor of appellees Whittenburg, Whittenburg & Schachter, P.C., Whittenburg, French & Schachter, P.C. and Karl L. Baumgardner.  

	We have now been furnished with a suggestion of death of Jimmy Latham and a motion to substitute Mrs. Floy B. Latham, the executrix of the Estate of Jimmy Latham, deceased, as appellant.  That motion is hereby granted.

	Mrs. Floy B. Latham, as executrix of the Estate of Jimmy Latham, deceased, has now filed a motion in which she states the estate is the only appellant in the case and that she no longer wishes to prosecute the appeal.  The motion is in proper form and is filed before this court has rendered any opinion in the case.

	Accordingly, the motion is granted and the appeal is dismissed.  Tex. R. App. P. 42.1(a).  Having dismiss the appeal at appellant’s request, no motion for rehearing will be entertained and the mandate will issue forthwith.  

							John T. Boyd

							Senior Justice
Unassociated Document




Exhibit
10.51







Description
of Compensation Arrangements for Non-Management Directors







Following
is a description of the current compensation arrangements for the non-management
directors of Constellation Brands, Inc.:




The
Company’s current compensation program for non-management directors for their
services as directors includes cash, restricted stock, and stock option
components.




The
cash component consists of (i) an annual retainer of $35,000, (ii) a Board
meeting fee of $1,500 for each Board meeting attended (which includes regular,
special and annual Board meetings and attendance in person or by conference
telephone); (iii) a committee meeting fee of $1,000 per meeting attended
(including by conference telephone); and (iv) an annual fee of $10,000 to the
Chair of the Audit Committee and a fee of $5,000 to the position of Chairs of
each of the Human Resources Committee and the Corporate Governance Committee.





Long-term
incentive awards in the form of options and restricted stock are another element
of non-management director compensation. Long-term incentive awards in the form
of, among others, stock options, stock appreciation rights and restricted stock
are available for grant under the Company’s Long-Term Stock Incentive Plan.
Each
non-management director receives annually, if and as approved by the Board of
Directors, a stock option grant and a restricted stock award. The number of
shares that may be subject to an annual option grant will not exceed the number
obtained by dividing $70,000 by the closing price of a share of the Company’s
Class A Common Stock on the date of the grant. The number of shares of
restricted stock that may be awarded is calculated by dividing the sum of
$20,125 by the closing price of a share of the Company’s Class A Common Stock on
the date of grant. While the Board has the flexibility to determine at the time
of each grant or award the vesting provisions for that grant or award,
historically stock option grants vest six (6) months following the date of grant
and annual awards of restricted stock vest one (1) year from the date of grant.
The plan, the form of Terms and Conditions Memorandum provided to non-management
directors who receive options and the form of restricted stock agreement are
filed as Exhibits 10.4 through 10.10, 10.12 and 10.13 to the Form 10-K.





Non-management
directors are reimbursed for reasonable expenses incurred in connection with
their attendance at Board and committee meetings. They also receive
complimentary wine products and are eligible to participate in a matching
contribution program of the Company whereby
they can direct a portion of the Company’s charitable contributions not in
excess of $5,000.




Members
of the Board of Directors who are members of management serve without receiving
any additional fee or other compensation for their service on the
Board.
Exhibit 32, Section 1350 Certifications

I, Barbara A. Manzolillo, Chief Financial Officer and Treasurer, certify this
quarterly report on Form 10-Q of Medical Information Technology, Inc. for the
period ended June 30, 2003, fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
contained in this report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

July 31, 2003
(Date)

Barbara A. Manzolillo, Chief Financial Officer and Treasurer
(Signature)

I, A. Neil Pappalardo, Chief Executive Officer and Chairman, certify this
quarterly report on Form 10-Q of Medical Information Technology, Inc. for the
period ended June 30, 2003, fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
contained in this report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

July 31, 2003
(Date)

A. Neil Pappalardo, Chief Executive Officer and Chairman
(Signature)
# Fourth Court of Appeals **San Antonio, Texas**

April 19, 2022

No. 04

- 21

- 00178

- CV

TEXAS DEPARTMENT OF PUBLIC SAFETY
, Appellant

v.
Joseph B. SALINAS
, Appellee

From the 224th Judicial District Court
, Bexar County, Texas Trial Court No. 2018

- CI

- 19512 Honorable Mary Lou Alvarez , Judge Presiding



### ORDER

Appellee’s motion for rehearing was originally due April 14, 2022. See T EX

. R. A PP

. P. 49.1, 49.5. On April 12, 2022, appellee filed a motion requesting an extension of time to file his motion for rehearing until April 29, 2022. On April 14, 2022, appellee filed a motion for rehearing. Accordingly, appellee’s motion for extension of time to file his motion for rehea ring is DENIED AS MOOT . The panel will rule on appellee’s motion for rehearing at a later date.

_________________________________ Beth Watkins , Justice

IN W ITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2022

.

___________________________________ MICHAEL A. CRUZ
, Clerk of Co urt
#### The Congregational Union of Cleveland, Ohio, Appellant, *v.*Zangerle, County Auditor, Appellee.

(No. 28544

Decided May 7, 1941.)

*Messrs. Ford é Reece*and *Mr. Ansel B. Curtiss,*for appellant.

*Mr. Frank T. Cullitan,*prosecuting attorney, and *Mr. Frederick W. Frey,*for appellee.

By the Court.

The sole question presented is whether the large lot is exempt from taxation under ' favor of Section 5349, General Code, which reads in part as follows:

> *247“Public school houses and houses used exclusively for public worship, # * * and the ground attached to such buildings necessary for the proper occupancy, use and enjoyment thereof and not leased or otherwise used with a view to profit * * * shall be exempt from taxation.”

More specifically, is the large lot “necessary for the proper occupancy, use and enjoyment” of the church building on the small lot? The mere statement of the question would seem to supply the answer. Manifestly the use of the large, vacant lot is *convenient*for the members of the church located on the small parcel; but that is vastly different from finding that the large lot is *necessary*for the proper occupancy, use and enjoyment of the other. The appellant stresses the fact that the present owners of the two lots acquired them from a common grantor, the East Cleveland Congregational Church. However, it is difficult to attach any importance to this circumstance, especially since there was a lapse of six years between the two transactions. But the appellant further urges that by its deed the Lutheran Church acquired not only a fee simple title to the small lot but also an option to purchase and the right to use the large parcel. Again this court experiences no difficulty in concluding that these provisions in the deed are not determinative of the question of necessity.

The decision of the Board of Tax Appeals is neither unreasonable nor unlawful and therefore must be affirmed.

*Decision affirmed.*

Weygandt, C. J., Turner, Williams, Hart, Zimmerman and Bettman, JJ., concur.

Matthias, J., not participating.
<PAGE>

                                                                    EXHIBIT 32.2

        CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18
                               UNITED STATES CODE

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of CITGO Petroleum Corporation (the "Registrant"), does
hereby certify, to his knowledge, that:

      The Quarterly Report on Form 10-Q for the quarter ended September 30, 2004
of the Registrant fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and information contained in the Form
10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.

Dated: November 8, 2004                        /s/    Larry E. Krieg
                                               ---------------------------------
                                               Name:  Larry E. Krieg
                                               Title: Vice President Finance
# Jornal Oficial C 489/2016

| | ISSN 1977-1010 |
| --- | --- |
| Jornal Oficial
  da União Europeia | C 489 |
| | |
| Edição em língua portuguesa | Comunicações e Informações | 59.° ano30 de dezembro de 2016 |

ISSN 1977-1010

Jornal Oficial

da União Europeia

C 489

Edição em língua portuguesa

Comunicações e Informações

59.° ano30 de dezembro de 2016

---

| Número de informação | Índice | Página |
| --- | --- | --- |
| | IV   Informações |
| | INFORMAÇÕES DAS INSTITUIÇÕES, ÓRGÃOS E ORGANISMOS DA UNIÃO EUROPEIA |
| | Comissão Europeia |
| 2016/C 489/01 | Taxas de câmbio do euro | 1 |

Número de informação

Índice

Página

IV   Informações

INFORMAÇÕES DAS INSTITUIÇÕES, ÓRGÃOS E ORGANISMOS DA UNIÃO EUROPEIA

Comissão Europeia

2016/C 489/01

Taxas de câmbio do euro

1

---

| PT | |
| --- | --- |

PT

---

IV Informações

INFORMAÇÕES DAS INSTITUIÇÕES, ÓRGÃOS E ORGANISMOS DA UNIÃO EUROPEIA

Comissão Europeia

| 30.12.2016 | PT | Jornal Oficial da União Europeia | C 489/1 |
| --- | --- | --- | --- |

30.12.2016

PT

Jornal Oficial da União Europeia

C 489/1

---

Taxas de câmbio do euro (1)

29 de dezembro de 2016

(2016/C 489/01)

1 euro =

| | Moeda | Taxas de câmbio |
| --- | --- | --- |
| USD | dólar dos Estados Unidos | 1,0453 |
| JPY | iene | 122,04 |
| DKK | coroa dinamarquesa | 7,4338 |
| GBP | libra esterlina | 0,85300 |
| SEK | coroa sueca | 9,5585 |
| CHF | franco suíço | 1,0714 |
| ISK | coroa islandesa | |
| NOK | coroa norueguesa | 9,0758 |
| BGN | lev | 1,9558 |
| CZK | coroa checa | 27,021 |
| HUF | forint | 310,09 |
| PLN | zlóti | 4,4141 |
| RON | leu romeno | 4,5375 |
| TRY | lira turca | 3,6926 |
| AUD | dólar australiano | 1,4505 |
| CAD | dólar canadiano | 1,4154 |
| HKD | dólar de Hong Kong | 8,1076 |
| NZD | dólar neozelandês | 1,5040 |
| SGD | dólar singapurense | 1,5156 |
| KRW | won sul-coreano | 1 264,25 |
| ZAR | rand | 14,2922 |
| CNY | iuane | 7,2706 |
| HRK | kuna | 7,5593 |
| IDR | rupia indonésia | 14 072,35 |
| MYR | ringgit | 4,6876 |
| PHP | peso filipino | 51,912 |
| RUB | rublo | 63,2555 |
| THB | baht | 37,568 |
| BRL | real | 3,4123 |
| MXN | peso mexicano | 21,6329 |
| INR | rupia indiana | 71,0950 |

Moeda

Taxas de câmbio

USD

dólar dos Estados Unidos

1,0453

JPY

iene

122,04

DKK

coroa dinamarquesa

7,4338

GBP

libra esterlina

0,85300

SEK

coroa sueca

9,5585

CHF

franco suíço

1,0714

ISK

coroa islandesa

NOK

coroa norueguesa

9,0758

BGN

lev

1,9558

CZK

coroa checa

27,021

HUF

forint

310,09

PLN

zlóti

4,4141

RON

leu romeno

4,5375

TRY

lira turca

3,6926

AUD

dólar australiano

1,4505

CAD

dólar canadiano

1,4154

HKD

dólar de Hong Kong

8,1076

NZD

dólar neozelandês

1,5040

SGD

dólar singapurense

1,5156

KRW

won sul-coreano

1 264,25

ZAR

rand

14,2922

CNY

iuane

7,2706

HRK

kuna

7,5593

IDR

rupia indonésia

14 072,35

MYR

ringgit

4,6876

PHP

peso filipino

51,912

RUB

rublo

63,2555

THB

baht

37,568

BRL

real

3,4123

MXN

peso mexicano

21,6329

INR

rupia indiana

71,0950

---

(1)  Fonte: Taxas de câmbio de referência publicadas pelo Banco Central Europeu.

---
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

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Center for Complementary and Alternative Medicine Special Emphasis Panel NCCAM AIDS SEP-H08.                    

*Date:*                         December 12, 2000.                    

*Time:*                         12:00 p.m. to 2:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Democracy II, Ste. 106, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Cecelia Maryland, Grants Technical Assistant, National Center for Complementary and Alternative Medicine, National Institutes of Health, Building 31, Room 5B50, Bethesda, MD 20892, (301) 480-2419.                    

Dated: November 30, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-31206 Filed 12-6-00; 8:45 am]

BILLING CODE 4140-01-M
#### The People of the State of New York, Respondent, v Michael Borgos, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 26, 1988, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that since the defendant was holding the victim when the victim was stabbed by his codefendant, the evidence was legally sufficient to establish that the defendant shared his codefendant’s intent to cause serious physical injury *(see,*Penal Law § 20.00; *People v Allah,*71 NY2d 830, 832; *People v Whatley,*69 NY2d 784, 785; *People v La Belle,*18 NY2d 405, 412). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant further argues that the trial court violated the holding of *Bruton v United States*(391 US 123) by admitting into evidence a videotaped statement by his jointly tried codefendant. Although the original videotape statement did contain references to the defendant’s presence at the scene, the trial court effectively redacted the tape by deleting any reference to the defendant’s presence *(see, People v Wheeler,*62 NY2d 867; *People v Smalls,*55 NY2d 407). Additionally, the trial court properly instructed the jury that it could not use the tape in any way against the defendant *(see, Richardson v Marsh,*481 US 200). Under these circumstances, the defendant’s right of confrontation was not violated *(see, People v Brown,*158 AD2d 461; *People v Marcus,*137 AD2d 723). Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.
**EXHIBIT31.3**

**CERTIFICATION:**

I, David M. Mott, certify that:

1.      I have reviewed thisAmendment No. 1 to the annual report on Form 10-K of MedImmune, Inc.

2.      Based on my knowledge, thisAmendment No. 1 to the annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

3.      [intentionally omitted]

4.      [intentionally omitted]

5.      [intentionally omitted]

Date: April 30, 2007
|          |     | /s/ DAVID M. MOTT                        |
|----------|----------|------------------------------------------|
|     |     | David M. Mott                            |
| * * | * * | *Chief Executive Officer, President and* |
| * * | * * | *Vice Chairman of the Board*             |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DIGENE
CORPORATION'S FORM 10-Q FOR THE 3 MONTHS ENDED 9/30/96 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      14,846,529
<SECURITIES>                                11,993,614
<RECEIVABLES>                                1,982,410
<ALLOWANCES>                                    61,000
<INVENTORY>                                  1,999,805
<CURRENT-ASSETS>                            30,979,923
<PP&E>                                       2,999,312
<DEPRECIATION>                               2,110,665
<TOTAL-ASSETS>                              32,044,697
<CURRENT-LIABILITIES>                        2,428,318
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       113,099
<OTHER-SE>                                  29,276,202
<TOTAL-LIABILITY-AND-EQUITY>                32,044,697
<SALES>                                      1,856,496
<TOTAL-REVENUES>                             2,003,522
<CGS>                                          776,877
<TOTAL-COSTS>                                1,527,110
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,028
<INCOME-PRETAX>                              (732,741)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (732,741)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (732,741)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)
        

</TABLE>
EXHIBIT 32

D&E Communications, Inc. and Subsidiaries

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 for the period ended September 30, 2007 of D&E Communications, Inc. (the
Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James W. Morozzi, 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 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/ James W. Morozzi
|Name:                |  | James W. Morozzi       
|Title:               |  | Chief Executive Officer
|Date:                |  | November 6, 2007       



1



---

D&E Communications, Inc. and Subsidiaries

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
for the period ended September 30, 2007 of D&E Communications, Inc. (the Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Morell, Chief Financial 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 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/ Thomas E. Morell
|Name:                |  | Thomas E. Morell       
|Title:               |  | Chief Financial Officer
|Date:                |  | November 6, 2007       



2