alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PATRICK MEHAN, Plaintiff in Error, *vs.*THE STATE OF WISCONSIN, Defendant in Error.

ERROR TO THE RICHLAND CIRCUIT COURT.

On a trial for selling intoxicating liquors ■without license, the prosecution must produce presumptive evidence, at least, that the defendant had no license. The defendant is not hound to prove affirmatively, in the first instance that he had license.

The defendant was prosecuted before a justice of the peace of Richland county for selling intoxicating liquors without license. The defendant was convicted, and appealed to the circuit court, where he was also convicted.

The only point presented or decided, arose upon the instruction of the court to the jury, and involved the question whether the prosecution was bound to show, in any manner, that the defendant had no license, or whether on proof of the act of selling the defendant was bound to prove that he had license. The instruction excepted to is stated in the opinion of the court.

*Samuel Crawford,*for the plaintiff in error.

*G. Bouck,*Attorney General, for the State.

*By the Court,*

Smith J.

This and three other cases of the same character came to this court through the appellate course of procedure from the judgment of a justice of the peace of Richland, county, wherein the defendant was found guilty, *671who took an appeal to the circuit court of the same county, wherein he was also found guilty, and judgment accordingly.

The only question arising in this case rests upon the following instruction given by the judge, to the jury, on the trial in the court below, viz : *“*That if the jury were satisfied that the said defendant sold intoxicating liquors of the kind mentioned in the complaint, to the person named therein, at or about the time stated in said complaint, it was their duty to render a verdict of guilty;” to which instruction the defendant excepted.

The selling of intoxicating liquors has never yet been held to be a crime or offence *malum in*se, but wherever denounced, an act *malum, prohibitum.*

Therefore it would seem that when there is an attempt to restrain the citizen from doing an act or pursuing a course which is not, in itself, *conceded,*to be in violation of law, but only prohibited by the positive enactment of the government, the power which attempts to restrain should be bound to show that the subject of its restraint is within the scope of its prohibition.

Hence we are of the opinion that it was the duty of the prosecution in this case to show, by presumptive proof at least, that the defendant was not licensed to do the act, which by the common law he had a right to do.

It may possibly be that the prosecution on the trial in the court below did exhibit presumptive evidence that the defendant had, in fact, no license. But the charge of the court below is so broad and comprehensive that it might have tended to, and probably did, mislead the jury.

The judgment must therefore be reversed and the cause remanded.
Exhibit
32.2





CERTIFICATION
OF CHIEF FINANCIAL OFFICER


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 of Superclick, Inc. (the "Company") on Form
10-Q for the quarter ending April 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the "Periodic Report"), I, Jean
Perrotti, 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
Periodic 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 Periodic Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.





A signed
original of this written statement required by Section 906 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.





Dated:  Date:
      June 8, 2009
                /s/
      Jean PerrottiName:  Jean
      PerrottiTitle:
      Chief Financial OfficerAnd
      Principle Accounting
Officer


1
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Jay Dee Burns

, * From the 7 0th District Court

of Ector County,

Trial Court No. A

- 45,138

.

Vs. No. 11

- 20

- 00 016

- CR * February 21, 2020

The State of Texas

, * Per Curiam Memorandum Opinion

(P anel consists of: Bailey , C.J.,

Stretcher , J. , and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that the

appeal should be dismissed for want of jurisdiction . Therefore, in accordance

with this court ’ s opinion, the appeal is dismissed for want of jurisdiction

.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 7, 2016

s1130

Order 

Clerk

December 7, 2016

152007 & (16)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 152007

COA: 326670

Wayne CC: 92-010859-FC

JESSE LEE AGNEW,

Defendant-Appellant.

_________________________________________/

By order of July 26, 2016, the prosecuting attorney was directed to answer the 

application for leave to appeal the June 18, 2015 order of the Court of Appeals. On order 

of the Court, the answer having been received, the application for leave to appeal is again 

considered, and it is DENIED, because the defendant has failed to meet the burden of 

establishing entitlement to relief under MCR 6.508(D). The motion to remand is 

DENIED.

MCCORMACK, J., did not participate because of her prior involvement in this case.
Fourth Court of Appeals

San Antonio, Texas

March 8, 2023

No. 04-23-00036-CR

IN RE Gredy Lazo PALACIO

Original Proceeding1

ORDER

On January 12, 2023, relator filed a petition for writ of mandamus. Relator also filed an 

emergency motion to stay the underlying proceedings pending disposition of the petition for writ 

of mandamus, which this court granted in part on January 13, 2023. After considering the petition, 

real party in interest’s response, relator’s reply, and the mandamus record, this court concludes 

relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is 

DENIED. See TEX. R. APP. P. 52.8(a). The stay imposed on January 13, 2023 is LIFTED.

It is so ORDERED on March 8, 2023.

_____________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 8th day of March, 2023.

_____________________________

Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 12722CR, styled State of Texas v. Gredy Lazo Palacio, pending in the 

County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.
<PAGE>

                                                                    Exhibit 23.1


                 CONSENT OF ERNST & YOUNG, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Nos. 333-3634, 333-3636, 333-3638, 333-36779, 333-43159, and 333-43181) on Form
S-8 and the Registration Statement (No. 333-43221) on Form S-3 of SPACEHAB,
Incorporated and subsidiaries of our report dated August 23, 2002, with respect
to the consolidated financial statements of SPACEHAB, Incorporated and
subsidiaries included in this Annual Report (Form 10-K) for the year ended June
30, 2002.

                                                           /s/ Ernst & Young LLP


McLean, Virginia
September 10, 2002
---

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 of Online Innovation, Inc. (the "Company") on Form 10-QSB for the period ending September 30, 2003 as filed with the Securities and Exchange Commission (the "Report"), I, Marlene C. Schluter, Principal
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.

Date: November 14, 2003

/s/ Marlene C. Schluter
  Marlene C. Schluter, Director, 
  Principal Financial Officer

---
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Page 15798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06849]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Initial Review

    The meeting announced below concerns Using Longitudinal Data to 
Characterize the Natural History of Fragile X Syndrome to Improve 
Services and Outcomes, DD15-003, initial review.
    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting:

    Time and Date: 10:00 a.m.-6:00 p.m., April 14, 2015 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c)(4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters for Discussion: The meeting will include the initial 
review, discussion, and evaluation of applications received in 
response to ``Using Longitudinal Data to Characterize the Natural 
History of Fragile X Syndrome to Improve Services and Outcomes, 
DD15-003, initial review.''
    Contact Person for More Information: M. Chris Langub, Ph.D., 
Scientific Review Officer, CDC, 4770 Buford Highway NE., Mailstop F-
80, Atlanta, Georgia 30341, Telephone: (770) 488-3585, <a href="/cdn-cgi/l/email-protection#36737379007655525518515940"><span class="__cf_email__" data-cfemail="387d7d770e785b5c5b165f574e">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.

Catherine Ramadei,
Acting Director, Management Analysis and Services Office Centers for 
Disease Control and Prevention.
[FR Doc. 2015-06849 Filed 3-24-15; 8:45 am]
 BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
* 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. 01-31380 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GLENN WAYNE KELLY, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 01-CR-50061-ALL

-------------------- May 2, 2002 Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM: * Glenn Wayne Kelly appeals from his sentence following his guilty plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Kelly challenges the district court’s four-point increase in the total offense level for possession of a firearm “in connection with another felony” pursuant to U.S.S.G. § 2K2.1(b)(5). Kelly argues thatNo. 01-31380 -2- the Government did not establish that he possessed a firearm in connection with a felony offense as required by § 2K2.1(b)(5). The district court’s application of the § 2K2.1(b)(5) enhancement will be upheld unless it is implausible in light of the record as a whole. See United States v. Condren , 18 F.3d 1190, 1199 (5th Cir. 1994). The Government was required to show only that the gun was available to Kelly and that the weapon could have been used to facilitate the other crime. Condren , 18 F.3d at 1197-1200; United States v. Armstead , 114 F.3d 504, 511- 512 (5th Cir. 1997). We have reviewed the record and conclude that the district court did not err in applying § 2K2.1(b)(5). Kelly’s sentence is therefore AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DECEMBER
31, 1996 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      25,255,006
<SECURITIES>                                17,226,221
<RECEIVABLES>                                  455,910
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            43,824,343
<PP&E>                                         932,741
<DEPRECIATION>                               (100,692)
<TOTAL-ASSETS>                              55,495,242
<CURRENT-LIABILITIES>                        2,475,609
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,568
<OTHER-SE>                                  52,637,680
<TOTAL-LIABILITY-AND-EQUITY>                55,495,242
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            11,791,920
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                           (10,916,583)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (10,916,583)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (10,916,583)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
SMITH COUNTY COURTHOUSE

100 N. BROADWAY 4th Floor

TYLER, TEXAS 75702

 April Allison Sikes, First Assistant

D. Matt Bingham

Criminal District Attorney

Smith County

TELEPHONE: (903) 535-0520

TELECOPIER: (903) 590-1719

Jennifer Barfield, Office Manager

Michael J. West. Appellate Chief

 

Ms. Pam Estes, Clerk

12th Court of Appeals

1517 W Front St., Ste. 354

Tyler, TX 75701

November 4, 2015

RE: Roper v. State, Cause Nos. 12-15-00215-CR, 12-15-00217-CR, 12-15-00218-CR

Dear Ms. Lusk:

The State acknowledges receipt of the brief filed by Appellant’s counsel pursuant

to Anders v. California, 386 U.S. 738 (1967), in the above-listed cause(s). The brief

presents no claims of error; therefore, the State has no points to which to respond. See

TEX. R. APP. P. 38.2(a)(2). The State will not file any further response unless the Court

decides that the appeal is not frivolous and orders one. See Anders, 386 U.S. at 744;

High v. State, 573 S.W.2d 807, 810 (Tex.Crim.App. 1978).

Respectfully submitted,

D. MATT BINGHAM

Criminal District Attorney

Smith County, Texas

_______________________

Michael J. West

Assistant Criminal District Attorney

SBOT# 21203300

/s/ Michael J. West

ACCEPTED

12-15-00218-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

11/4/2015 10:04:36 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 11/4/2015 10:04:36 AM PAM ESTES Clerk
CERTIFICATE OF SERVICE

I hereby certify that a copy of the State’s acknowledgment of filing of an Anders

brief was served by electronic filing on November 4, 2015, on Mr. Austin Jackson,

Attorney at Law, 112 East Line, Ste. 310, Tyler, Texas 75702.

_________________________

Michael J. West

Assistant Criminal District Attorney

SBOT# 21203300

100 N. Broadway, 4th Fl.

Tyler, Texas 75702

(903) 590-1720

(903) 590-1719 (fax)

mwest@smith-county.com

/s/ Michael J. West
EXHIBIT 31.1

CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Hassan M. Ahmed, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of Sonus Networks, Inc.;

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 registrant as of, and for, the periods presented in this report;

4.     The
registrant'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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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 the registrant's board of directors (or persons performing the equivalent functions):



Date:
November 9, 2007

| | /s/ Hassan M. AhmedHassan M. Ahmed
President, Chief Executive Officer and Chairman
(Principal Executive Officer)
| | ----------------------------------------------------------------------------------------------------------------

---



QuickLinks
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 Quarterly  Report of Xinhua China Ltd. (the "Company") on
Form 10-QSB for the period ended March 31, 2005 as filed with the Securities and
Exchange  Commission  on the date hereof (the  "Report"),  I, Henry Jung,  Chief
Financial  Officer  (principal  accounting  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 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.


Dated: May 22, 2005                          /s/ Henry Jung
                                             -----------------------------------
                                             Henry Jung, Chief Financial Officer
                                             and Director (Principal Accounting
                                             Officer)
12:00 P.M.

United States Department of Agriculture

National Agricultural Statistics Service

April Crop Production

Executive Summary

Lance Honig, Chief

Crops Branch

April 9, 2015
USDA-NASS

4-9-15

Field Crops Fruit & Nuts Specialty Crops

Citrus

Contents
USDA-NASS

4-09-15

Objective Surveys 

(Size and Drop) Fruit Maturity Row Count

Survey Type Field Observations Laboratory Tests Field Observations

Crops Included Valencia Valencia Oranges,

Grapefruit,

Tangelos,

Late Tangerines

Sample

Size

721 groves 130 samples 170,524 rows

Collection 

Period

Mar. 19-27 Mar. 31-Apr.1 Mar. 31-Apr.1

Test 

Period

Apr. 2

Survey Overview

Florida Citrus
USDA-NASS

4-9-15

April 2015 Crop Production

% Change % Change

From From

Crop Unit April Previous Previous

2015 Forecast Season 

Production

Oranges Mil Tons 6.68 +0.1 -1.2

Grapefruit Thou Tons 985 -5.1 -5.9

Lemons Thou Tons 886 -0.2 +7.5

Tangelos Thou Tons 32.0 NC -20.0

Tangerines & 

Mandarins Thou Tons 758 +1.3 +3.3
USDA-NASS

4-9-15

Release Date Report Title

April 24 Cattle on Feed

April 30 Agricultural Prices

May 1

CAIR: Cotton

CAIR: Flour Millings

CAIR: Grain Crushings

May 12 Cotton Ginnings - Annual

Crop Production

Upcoming Reports
United States Department of Agriculture

National Agricultural Statistics Service

All Reports Available At

www.nass.usda.gov

For Questions

202-720-2127

800-727-9540

nass@nass.usda.gov
Cite as 2016 Ark. 425

SUPREME COURT OF ARKANSAS

No. CR-16-949

ERIC DARNELL THROWER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered: December 1, 2016

MOTION TO BE RELIEVED AS 

COUNSEL, TO STAY BRIEFING 

SCHEDULE, AND FOR THE 

APPOINTMENT OF NEW 

COUNSEL

MOTION GRANTED.

PER CURIAM

Appellant Eric Darnell Thrower was convicted of murder in the first degree and 

arson. He was sentenced to life plus ten years in the Arkansas Department of Correction. 

An appeal from the judgment has been lodged in this court. Thrower is represented on 

appeal by Robert N. Jeffrey. Jeffrey now asks to be relieved as counsel on the ground that 

he is ineligible for compensation for services as appellate counsel.

Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Repl. 2007) provides that 

persons employed as full-time public defenders who are not provided with a state-funded

secretary are eligible to seek compensation for appellate work. Counsel affirms that he is a 

full-time public defender with a full-time, state-funded secretary. Under these 

circumstances, he is not entitled to payment for services in this appeal, and his request to be 

relieved is well-founded. See Craigg v. State, 2012 Ark. 95 (per curiam). We therefore grant 

Jeffrey’s motion to be relieved. We appoint attorney Thomas Burns to represent appellant. 

Our clerk is directed to set a new briefing schedule for the appeal.

Motion granted.