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

(Filed 22 May, 1935.)

Intoxicating Liquor B c — Verdict of “Guilty of possession” held insufficient to suppoi't judgment where defendant contends possession was lawful.

Where, in a prosecution for the illegal possession of intoxicating liquor, defendant contends that the small quantity of liquor found in his home was for the exclusive use of himself and family, a verdict of “Guilty of possession,” without reference to the count charging possession against the form of the statute, is insufficient to support a judgment, since such verdict is entirely consistent with defendant’s contention that his possession was lawful.

Appeal by defendant from *Clement, J.,*at August Term, 1934, of Moore.

Criminal prosecution, tried upon warrant charging tbe defendant, in one count, with having and possessing a quantity of intoxicating liquor for tbe purpose of sale, and, in a second count, with having and possessing a quantity of intoxicating liquor against tbe form of tbe statute in sucb case made and provided, etc.

Tbe State’s evidence is to tbe effect that on *1*April, 1934, an officer went to tbe home of tbe defendant with a search warrant and was shown to tbe ice-box where be found about three pints of whiskey in a fruit jar. It was aged liquor, charred, colored.

*252Defendant testified: I told tbe officer I bad about three pints of whiskey in the ice-box for my own use. I did not have it there for the purpose of sale. It was for my own use and my family.

Yerdict: “Guilty of possession.”

Judgment: Six months on the roads.

Defendant appeals, assigning errors.

*Attorney-General Seawell and Assistant Attorney-General Ailcen for the State.*

*W. B. Olegg for defendant.*

Stacy, O. J.

It may be doubted whether the evidence is sufficient to warrant a conviction under the decisions in *S. v. Hege,*194 N. C., 526, 140 S. E., 80, and *S. v. Mull,*193 N. C., 668, 131 S. E., 866. But, however this may be, the verdict is not sufficient to support a judgment. *S. v. Barbee,*197 N. C., 248, 148 S. E., 249. It neither alludes to the warrant nor uses language to show a conviction of the offense charged therein. *S. v. Shew,*194 N. C., 690, 140 S. E., 621. It is entirely consistent with the defendant’s contention that the possession was lawful. *S. v. Mull, supra; S. v. Hammond,*188 N. C., 602, 125 S. E., 402.

Had the verdict been “guilty of possession as charged in the second count,” or simply “guilty as charged in the second count,” the situation would have been different, but when the jury undertakes to spell out its verdict without specific reference to the charge, as in the instant case, it is essential that the spelling be correct. *S. v. Parker,*152 N. C., 790, 67 S. E., 35.

*Venire de novo.*
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Page 32535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13656]



=======================================================================

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



DEPARTMENT OF TRANSPORTATION



Office of the Secretary




Applications for Certificates of Public Convenience and Necessity 

and Foreign Air Carrier Permits Under Subpart B; Week Ending May 22, 

2010



    Notice of Applications for Certificates of Public Convenience and 

Necessity and Foreign Air Carrier Permits Filed Under subpart B 

(formerly subpart Q) during the Week Ending May 22, 2010. The following 

Applications for Certificates of Public Convenience and Necessity and 

Foreign Air Carrier Permits were filed under subpart B (formerly 

subpart Q) of the Department of Transportation's Procedural Regulations 

(See 14 CFR 301.201 et seq.). The due date for Answers, Conforming 

Applications, or Motions to Modify Scope are set forth below for each 

application. Following the Answer period DOT may process the 

application by expedited procedures. Such procedures may consist of the 

adoption of a show-cause order, a tentative order, or in appropriate 

cases a final order without further proceedings.

    Docket Number: DOT-OST-2010-0126.

    Date Filed: May 18, 2010.

    Due Date for Answers, Conforming Applications, or Motion To Modify 

Scope: June 8, 2010.

    Description: Application of Carlsbad-Palomar Airlines, Inc. 

requesting a certificate of public convenience and necessity to engage 

in scheduled interstate air transportation of persons, property and 

cargo.



 Renee V. Wright,

Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. 2010-13656 Filed 6-7-10; 8:45 am]

BILLING CODE 4910-9X-P
EXHIBIT 31.2  I, Mislav Pavelic, in my capacity indicated below, certify that:  1. I have reviewed this annual report on Form 10-K of OpenCell BioMed, Inc. (the Registrant); 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. I am 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 have: a) designed such disclosure controls and procedures, or caused such disclosure controls and   procedures to be designed under my supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared; b) evaluated the effectiveness of the Registrants disclosure controls and procedures and presented in this report my conclusion about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and c) disclosed in this report any change in the Registrant's internal control over financial reporting that occurred during the Registrant's most recent fiscal quarter (the Registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrant's internal control over financial reporting; 5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the Registrant's auditors and the audit committee of Registrant's board of directors (or persons performing the equivalent function): a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrant's ability to record, process, summarize and report financial information; and b) any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrant's internal control over financial reporting.  Date: March 15, 2010 /s/ Mislav Pavelic Mislav Pavelic, President (as Principal Financial Officer)
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Page 62391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29731]



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


DEPARTMENT OF COMMERCE

University of California, Notice of Decision on Application for 
Duty-Free Entry of Scientific Instrument

    This decision is made pursuant to Section 6(c) of the Educational, 
Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-
651, 80 Stat. 897; 15 CFR 301). Related records can be viewed between 
8:30 A.M. and 5:00 P.M. in Room 4211, U.S. Department of Commerce, 14th 
and Constitution Avenue, N.W., Washington, D.C.
    Docket Number: 95-068. Applicant: University of California, 
Berkeley, CA 94720-3104. Instrument: Mass Spectrometer, Model JMS-
AX505WA. Manufacturer: JEOL, Japan. Intended Use: See notice at 60 FR 
48505, September 19, 1995.
    Comments: None received. Decision: Approved. No instrument of 
equivalent scientific value to the foreign instrument, for such 
purposes as it is intended to be used, is being manufactured in the 
United States. Reasons: The foreign instrument provides double focusing 
magnetic sector design with mass range to 1200 and resolution to 20 
000.
    This capability is pertinent to the applicant's intended purposes 
and we know of no other instrument or apparatus of equivalent 
scientific value to the foreign instrument which is being manufactured 
in the United States.


Frank W. Creel
Director, Statutory Import Programs Staff
[FR Doc. 95-29731 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-DS-F
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Reese Baglole, certify that:

1.   I have reviewed this annual report on Form 10-KSB/A of Madrona Ventures
     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 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 period presented in this annual report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing date of
          this annual report (the "Evaluation Date"); and
     c.   presented in this annual report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could 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; and

6.   I have indicated in this annual report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS  WHEREOF,  the undersigned has executed this  certification as of the
6th day of November, 2007.


/s/ Reese Baglole
---------------------------
Chief Executive Officer
No. 1384, Misc.

#### Petersen *v.*LaVallee, Warden.

Court of Appeals of New York. Certiorari denied.
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

                    Notice is hereby given of a change in the meeting of the National Cancer Advisory Board, June 21, 2010, 6:30 p.m. to June 23, 2010, 12 p.m., National Institutes of Health, Building 31, 31 Center Drive, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on May 11, 2010, FR 26267-26268.                

                    This                     **Federal Register**                     Notice is being amended to change the date, times, and location of the meeting of the Ad Hoc Subcommittee on Experimental Therapeutics to June 22, 2010 from 12 p.m. to 1 p.m. at the National Institutes of Health, Building 31, 31 Center Drive, Conference Room 7, Bethesda, MD 20892 and to add the meeting of the Subcommittee on Clinical Investigations to June 21, 2010 from 6 p.m. to 7:30 p.m. at Embassy Suites, Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC 20015.                

Dated: May 28, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-13451 Filed 6-3-10; 8:45 am]

BILLING CODE 4140-01-P
**Exhibit
      32.2**




**CERTIFICATION**




In
      connection with the periodic report of Glowpoint, Inc. (the “Company”) on Form
      10-Q/A for the period ended March 31, 2005 as filed with the Securities and
      Exchange Commission (the “Report”), I, Edwin F. Heinen, Chief Financial Officer
      of the Company, hereby certify as of the date hereof, solely for purposes of
      Title 18, Chapter 63, Section 1350 of the United States Code, that to the best
      of my knowledge:




1)  The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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 at the dates
      of
      and for the periods indicated.




This
      Certification has not been, and shall not be deemed, “filed” with the Securities
      and Exchange Commission.




Date:
      January 31, 2007


/s/
                Edwin F. HeinenEdwin
                Heinen
              Chief
                Financial Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 532 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 532

       To amend title 11 of the United States Code to modify the 
 dischargeability of debts for certain educational payments and loans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2013

  Mr. Cohen (for himself, Mr. Danny K. Davis of Illinois, Mr. George 
Miller of California, Mr. Conyers, Ms. Lofgren, Ms. Bordallo, Ms. Chu, 
Mr. Ellison, Mr. Holt, Mr. Johnson of Georgia, Mr. Rangel, Mr. Waxman, 
    Ms. Lee of California, Mr. Courtney, and Ms. Pingree of Maine) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
       To amend title 11 of the United States Code to modify the 
 dischargeability of debts for certain educational payments and loans.

    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 ``Private Student Loan Bankruptcy 
Fairness Act of 2013''.

SEC. 2. EXCEPTIONS TO DISCHARGE.

    Section 523(a)(8) of title 11, United States Code, is amended--
            (1) by striking subparagraph (B), and
            (2) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) by striking ``(i)'', and
                            (ii) by inserting ``any program for which 
                        substantially all of the funds are provided by 
                        a'' after ``unit or'', and
                    (B) in clause (ii)--
                            (i) by striking ``(ii)'' and inserting 
                        ``(B)'', and
                            (ii) by striking ``or'' at the end.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to cases commenced under title 11 of the 
United States Code on or after the date of the enactment of this Act.
                                 <all>
```
Exhibit 10.32
  
 Re:
    
    Fifth Amendment to Subscriber Services Agreement, dated as of July 23, 2007 (Agreement)
between Travelport International, L.L.C., (f/k/a Galileo International, L.L.C., hereinafter
Travelport), Travelport Global Distribution System B.V. (f/k/a Galileo Nederland B.V.,
hereinafter TGDS and, together with Travelport, collectively, Galileo) and Orbitz
Worldwide, LLC (Subscriber)
    1.
    
    The Optional Services Attachment (Galileo Services) is amended as set forth in
Exhibit A.
 2.
    
    The Custom Terms and Conditions Attachment (Galileo Services)  North America is
amended as set forth in Exhibit B.
 3.
    
    General. This Amendment shall be binding upon and inure to the benefit of
and be enforceable by the Parties hereto or their successors in interest, except as
expressly provided in the Agreement. Each Party to this Amendment agrees that, other than
as expressly set out in this Amendment, nothing in this Amendment is intended to alter the
rights, duties and obligations of the Parties under the Agreement, which shall remain in
full force and effect as amended hereby. In the event of a conflict between the terms and
conditions of this Amendment and the terms and conditions of the Agreement, the terms and
conditions of this Amendment shall govern. This Amendment may be executed by the Parties
in separate counterparts and each counterpart shall be deemed to be an original, but all
such counterparts together shall constitute one and the same instrument.
 1




---



##### 



The Parties have caused this Amendment to be executed by the signatures of their respective
authorized representatives.
 Orbitz Worldwide, LLC
    
    Travelport International, L.L.C.Signature: /s/ Stephen C. Praven
    
    Signature: /s/ Travis ChristName: Stephen C. Praven
    
    Name: Travis ChristTitle: VP, Business Development
    
    Title: President, AmericasDate: 12/16/09
    
    Date: December 14, 2009Travelport Global Distribution System B.V.Signature: /s/ Marco van IeperenName: Marco van IeperenTitle: DirectorDate: 11 Dec 2009
 2
EXHIBIT 32.1

                                SAVWATT USA, INC.
                             A Delaware Corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection  with the Annual Report of SavWatt USA, Inc.  ("Company")  on
Form 10-K for the year ended December 31, 2009, as filed with the Securities and
Exchange  Commission  on the date hereof  (the  "Report"),  I, Isaac H.  Sutton,
President and Chief Financial Officer,  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.


Dated: August 25, 2010                     /s/ Isaac H. Sutton
                                           -------------------------------------
                                      By:  Isaac H. Sutton
                                      Its: President and Chief Financial Officer
                                           (Principal Executive Officer)
                                           (Principal Financial Officer)
Exhibit 10.1


 


	
   

  	
  

  
	
   

  	
  CF Industries Holdings, Inc.

  
	
   

  	
  4 Parkway North, Suite 400

  
	
   

  	
  Deerfield,
  Illinois 60015-2590

  
	
   

  	
   

  
	
   

  	
  847-405-2400

  
	
   

  	
  www.cfindustries.com

  



 


 


May 2, 2008


 


Cheryl K. Schmura


Vice President, Crop
Nutrients


CHS, Inc.


5500 Cenex Drive


Inver Grove Heights,
Minnesota 55077


 


Re:          Multiple-Year
Contract for the Purchase and Sale of Fertilizer


Dated July 1, 2005
by and between CF Industries, Inc. and


CHS, Inc. (as
assignee from Agriliance, LLC)


 


Dear Cheryl:


 


To better accommodate our
operations and the needs of our customers, we have modified our Multiple-Year
Contract to combine the Requirement Volume and the Sales Target Volume for DAP
and MAP. To that end, this letter is intended to amend the above-referenced
contract effective July 1, 2008 by (i) modifying Section 1(a) such
that the Requirement Volume and the Sales Target Volume for DAP and MAP are
combined as DAP/MAP and (ii) adding the following sentence at the end of
the first paragraph of Section 2 to address the placement of orders for
MAP:


 


Orders for MAP must be placed (i) not less than
fifteen (15) days prior to the first day of the month in which the Customer has
requested shipment (the “Shipment Month”) for Product sourced from Plant City,
Florida, and (ii) not less than forty-five (45) days prior to the first
day of the Shipment Month for Product sourced from all other locations.


 


In all other respects,
the Multiple-Year Contract shall remain in full force and effect.


 


If you are in agreement
with these changes, please indicate your consent by signing and returning the
enclosed copy of this letter.


 


	
   

  	
  Very truly yours,

  
	
   

  	
   

  
	
   

  	
  CF
  Industries, Inc.

  
	
   

  	
  By: 

  	
  /s/ Monty Summa

  
	
   

  	
   

  	
  Monty Summa, Vice
  President, Sales

  
	
   

  	
   

  
	
   

  	
   

  
	
  ACCEPTED AND AGREED TO

  	
   

  
	
  this 9th day of May,
  2008

  	
   

  
	
   

  	
   

  
	
  CHS, Inc.

  	
   

  
	
  By:

  	
  /s/ Cheryl K. Schmura

  	
   

  
	
   

  	
  Cheryl K. Schmura

  	
   

  
	
   

  	
  Vice President, Crop
  Nutrients