alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John McGlammery v. State

No. 25323.

June 20, 1951.

Rehearing Denied October 17, 1951.

Hon. Roy D. Jackson, Judge Presiding.

*Samuel K. Wasaff,*El Paso, for appellant.

*William E. Clayton,*District "Attorney, El Paso, and *George P. Blackburn,*State’s Attorney, Austin, for the state.

WOODLEY, Judge.

The conviction is for the offense of assault with intent to murder without malice; the punishment, 3 years’ confinement in the penitentiary.

The evidence shows that appellant inflicted serious injuries upon David Thurston with a knife, which injuries included a long cut on the upper chest which penetrated the right chest cavity and which apparently collapsed the right lung; a cut that penetrated the abdominal cavity and perforated the intestines, and various other wounds of a less serious nature.

Appellant admitted having inflicted such wounds on Thurs-ton, whom he had never seen before, but testified that he did so while acting in self-defense against an assault made upon him by Thurston with a knife which resulted in appellant’s arm being cut open.

The jury rejected the claim of self-defense, and the sufficiency of the evidence to sustain the verdict is not questioned.

*388The motion for new trial was overruled and notice of appeal given on February 21st, 1951, and appellant was granted 60 days in which to file his bills of exception.

The time so allowed expired on April 22, 1951, and the one bill of exception presented to the trial court was filed on April 23, 1951.

This bill was qualified by the trial judge and appellant excepted to such qualifications. It was then refused as incorrect and the court filed his own bill. The court’s bill was likewise filed on April 23, 1951.

The bill of exception, not having been filed within the time allowed by the court’s order, cannot be considered. See Huber v. State, 151 Tex.Cr.R. 306, 207 S.W. 2d 383; Muniz v. State, 145 Tex.Cr.R. 565, 170 S.W. 2d 767; and Wilson v. State, 98 Tex.Cr.R. 319, 265 S.W. 697.

However, we have examined the court’s bill and it shows no error.

The judgment is affirmed.

Opinion approved by the Court.

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

Appellant insists that the bill of exception prepared by the trial court reflects error.

From this bill of exception it appears that the appellant sought, upon cross-examination of the injured party, to show 'that he had at one time been charged in a justice court with felony theft.

The trial court certifies that the complaint was dismissed for the want of sufficient evidence, and the charge was never presented to the grand jury.

The charge, having been dismissed in the justice court and not having resulted in an indictment, was not the subject of proof, even for impeachment purposes. 45 Tex. Jur., Witnesses, Sec. 246, p. 108; Norton v. State, 120 Tex. Cr. R. 557, 47 S. W. *3892d 610; Brown v. State, 105 Tex. Cr. R. 605, 289 S.W. 386; Bridges v. State, 99 Tex. Cr. R. 627, 271 S. W. 87.

The action of the trial court in sustaining the state’s objection to proof of such fact was proper.

The motion for rehearing is overruled.

Opinion approved by the court.
<PAGE>
 
                                EXHIBIT 10.6(C)

[LETTER HEAD OF WEEKS CORPORATION]

July 3, 1997

Mr. Rodger Johnson                      Certified/Return Receipt
President/CEO
Communication Central
1150 Northmeadow Parkway
Suite 118
Roswell, Georgia 30076

RE: Lease Extension
    1150 Northmeadow Parkway

Dear Mr. Johnson:

This letter will serve as official notice that Communication Central located at 
the above referenced address whose current lease expires on September 30, 1997
may holdover in said space for an additional ninety (90) day period (12/31/97).
The base rental for this holdover period will remain the same as the current 
lease and said amount is $10,185.00 per month.

We appreciate the opportunity to assist you with this holdover until a long term
lease can be finalized.

Should you have any questions, please do not hesitate to give me a call.


Sincerely,

/s/ Tricia Clayton
----------------------
Tricia Clayton
Vice President of Property Management


cc: Klay Simpson - Sr. Vice President of Marketing
    Weeks Corporation
#### Frank L. Froment and Others v. David M. Oldtarsh.

Motion granted, with ten dollars costs.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The accompanying notes are an integral part of the consolidated financial
statements.
</LEGEND>
<CIK> 0000915401
<NAME> SEL-DRUM INTERNATIONAL,INC.
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-END>                               JUL-31-1996
<CASH>                                       1,181,396
<SECURITIES>                                         0
<RECEIVABLES>                                1,811,603
<ALLOWANCES>                                    42,392
<INVENTORY>                                  3,795,766
<CURRENT-ASSETS>                               335,256
<PP&E>                                       1,811,080
<DEPRECIATION>                                 775,172
<TOTAL-ASSETS>                               8,117,537
<CURRENT-LIABILITIES>                        3,871,424
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,800,180
<COMMON>                                       761,356
<OTHER-SE>                                 (1,315,423)
<TOTAL-LIABILITY-AND-EQUITY>                 8,117,537
<SALES>                                     14,811,891
<TOTAL-REVENUES>                            14,811,891
<CGS>                                        9,746,252
<TOTAL-COSTS>                                9,746,252
<OTHER-EXPENSES>                             3,651,045
<LOSS-PROVISION>                                47,960
<INTEREST-EXPENSE>                             137,784
<INCOME-PRETAX>                              1,228,850
<INCOME-TAX>                                   458,663
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   770,187
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.1




CERTIFICATION PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)*




In connection with the Quarterly Report of SemGroup Energy Partners, L.P., a Delaware limited partnership (the “Partnership”), on Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and Exchange Commission (the “Report”), each of the undersigned,
Kevin L. Foxx, President and Chief Executive Officer of SemGroup Energy Partners G.P., L.L.C., and Alex G. Stallings, Chief Financial Officer and Secretary of SemGroup Energy Partners G.P., L.L.C., certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his 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 result of operations of the Partnership.







/s/ Kevin L. Foxx


Kevin L. Foxx


President and Chief Executive Officer of


SemGroup Energy Partners G.P., L.L.C.,


general partner of SemGroup Energy Partners, L.P.




August 7, 2009







/s/ Alex G. Stallings


Alex G. Stallings


Chief Financial Officer and Secretary of


SemGroup Energy Partners G.P., L.L.C.,


general partner of SemGroup Energy Partners, L.P.




August 7, 2009









*A signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the
Report.
----

**EXHIBIT**
**      32.0**

**SECTION      1350 CERTIFICATION**

| (1)    | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934; and                                |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                              |
| (2)    | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |

|   | Date:                  June 27, 2007 |   | /s/                Robert T. Strong                    |   |
|--------|--------------------------------------|--------|--------------------------------------------------------|--------|
|   |                                 |   | Robert                  T. Strong                      |   |
|   |                                 |   | President                  and Chief Executive Officer |   |
|   |                                 |   |                                                   |   |
|   |                                 |   |                                                   |   |
|   | Date:                  June 27, 2007 |   | /s/ Diane J. Colyer                                    |   |
|   |                                 |   | Diane                  J. Colyer                       |   |
|   |                                 |   | Operations                  Officer                    |   |
|   |                                 |   | (principal                  financial officer)         |   |

*A      signed original of this written statement required by Section 906 of the      Sarbanes-Oxley Act has been provided to Quaint Oak Bancorp, Inc. and will be      retained by Quaint Oak Bancorp, Inc. and furnished to the Securities and      Exchange Commission or its staff upon request. *
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statements on Form S-8 (Form S-8 Nos. 333-140233, 333-135220, 333-131324, 333-126773, 333-112417 and 333-108937) pertaining to the Amended and Restated 1991 Employee and Consultant Stock Plan, the Amended and Restated
1993 Director Stock Option Plan, the Amended and Restated 1993 Employee Stock Purchase Plan, the Amended and Restated 2001 Stock Incentive Plan and 2003 Israeli Share Option Plan of DSP Group Inc. and its subsidiaries of our reports dated
March 14, 2007, with respect to the consolidated financial statements and schedule of DSP Group Inc. and its subsidiaries, DSP Group Inc. managements assessment of the effectiveness of internal control over financial reporting, and the
effectiveness of internal control over financial reporting of DSP Group Inc. included in this Annual Report on Form 10-K for the year ended December 31, 2006.



/s/    KOST FORER GABBAY & KASSIERERKost Forer Gabbay & Kassierer A Member of
Ernst & Young Global


Tel-Aviv, Israel

March 14, 2007
Motion GRANTED and Order filed October 1, 2019

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00747

- CV

____________ IN RE ROBERT H. KIDD IV, ROBERT H. KIDD III, AND KIDD PROPERTY MANAGEMENT , Relator s

O RIGINAL PROCEEDING WRIT OF MANDAMUS 333rd District Court Harris County, Texas Trial Court Cause No. 2018

- 39775



### ORDER
On September 26, 2019, relator s Robert H. Kidd IV, Robert H. Kidd III, and Kidd Property Management, filed a petition for writ of mandamus in this court. Relator s ask this court to order the Honorable Daryl L. Moore, Judge of the 333rd District Court, in Harris County, Texas, to set asi de his order dated July 30, 2019,2 striking the counter

- affidavit of relators’ expert entered in trial court number 2018

- 39775, styled Brandon Salazar, et al. v. Robert H. Kidd I I

I, et al.

Relator s ha ve also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On September 26, 2019, relator s ask ed this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.
It appears from the facts stated in the petition and motion that relators ’ request for relief requires further consideration and that relator s will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators ’ motion and issue the followin g order:

We ORDER the commencement of trial in trial court n umber 2018

- 39775 , Brandon Salazar, et al. v. Robert H. Kidd III, et al. , STAYED until a final decision by this court on relators ’ petition for writ of mandamus, or until further order of this

court. In addition, the court requests Brandon Salazar and Olga Galvez , the real part ie s

- in

- interest, to file a response to the petition for writ of mandamus on or before October 16, 2019

. See Tex. R. App. P. 52.4.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
* Pursuant to 5 TH CIR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstancesset forth in 5 TH CIR
. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-10204 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee v. MIGUEL ANGEL GUZMAN Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CR-152-ALL Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Miguel Angel Guzman raises arguments that he concedes are foreclosed by U nited States v. GomezHerrera, 523 F.3d 554, 557-64 (5th Cir.), petition for cert. filed (July 2, 2008) (No. 08-5226) which held that any disparity in sentencing between fast-track and non-fast-track jurisdictions is a function of Congressional policy and is not “unwarranted” under 18 U.S.C. § 3553(a)(6). He also raises arguments that are foreclosed by United States v. Lopez-Velasquez, 526 F.3d 804, 808 (5th Cir.), United States Court of Appeals

Fifth Circuit 

### F I L E D October 8, 2008 Charles R. Fulbruge III ClerkNo. 08-10204

2 petition for cert. filed (July 25, 2008) (No. 08-5514) which held that the lack of a fast-track program does not result in a violation ofequal protection rights. The Government’s motion for summary affirmance is GRANTED, and thejudgment of the district court is AFFIRMED.
#### Niagara, Lockport and Ontario Power Company, Respondent, v. Thomas J. Bridges and Oliver B. Furman, Defendants, and James D. Harris and Others, Individually and as Members of the Town Board of the Town of Perinton, in the County of Monroe, and Thomas Slocum, Individually and as Highway Commissioner of Said Town, Appellants.

Judgment affirmed, with costs. All concurred.
EXHIBIT 12.1





THE PANTRY, INC.





COMPUTATION OF RATIO OF
EARNINGS TO FIXED CHARGES





(Dollars in thousands)





Sep. 24, 1998


Sep. 30, 1999


Sep. 28, 2000

Sep. 27, 2001


Sep. 26, 2002Pretax (loss) income

$
4,673


$
24,750


$
24,772

$
(1,785
)

$
2,934Fixed charges:Interest expense


28,946



41,280



52,329


58,731



51,646Amortization of deferred financing costs


2,071



1,894



2,055


2,096



2,270Preferred stock dividends


2,003



3,657










Rental expense (1)


7,919



13,517



16,952


19,973



21,086Total fixed charges

$
40,939


$
60,348


$
71,336

$
80,800


$
75,002Preferred stock dividends


(2,003
)


(3,657
)









Earnings

$
43,609


$
81,441


$
96,108

$
79,015


$
77,936Ratio (shortfall) of earnings to fixed charges


1.07



1.35



1.35

$
(1,785
)


1.04


---

|(1) |  | One-third of rental expense related to operating leases representing an appropriate interest factor.
|--- |  | ----------------------------------------------------------------------------------------------------
EXHIBIT 32.1


STATEMENT OF MANAGING DIRECTOR
 PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Alan Schaffner, Managing Director of Biofuels Power Corporation (the “Company”), hereby certifies that:
 
 The Company’s Form 10-Q Report for the nine months ended September 30, 2013 (the “Report”) fully complies with the requirements of Section 13(a) and Section 15(d) of the Securities Exchange Act of 1934; and The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 /s/ Alan Schaffner
 Alan Schaffner, Managing Director
 Dated: December 30, 2013
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Ex parte Daniel Ray Garcia, * Original Habeas Corpus Proceeding

No. 11-21-00170-CR * August 10, 2021

* Per Curiam Memorandum Opinion

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.)

This court has considered Daniel Ray Garcia’s application for writ of habeas 

corpus and concludes that the application for writ of habeas corpus should be 

dismissed for lack of jurisdiction. Therefore, in accordance with this court’s 

opinion, the application for writ of habeas corpus is dismissed.
<PAGE>
 
                                  Exhibit 23.2
                        Consent of KPMG Peat Marwick LLP

The Board of Directors
Natural MicroSystems Corporation:

The audit referred to in our report dated January 14, 1997, included the related
financial statement schedule as of and for the year ended December 31, 1996,
listed in the index under Item 14(a)(2).  This financial statement schedule is
the responsibility of the Company's management.  Our responsibility is to
express an opinion on this financial statement schedule, based on our audit.  In
our opinion, such financial statement schedule, when considered in relation to
the basic consolidated financial statements taken as a whole, presents fairly in
all material respects the information set forth therein.

We consent to the incorporation by reference in the Registration Statement on
Form S-8 (file No. 333-57141) of Natural MicroSystems Corporation of our report
dated January 14, 1997, relating to the consolidated statements of operations,
shareholders equity and cash flows of Natural MicroSystems Corporation for the
year ended December 31, 1996, which report is included in the December 31, 1998
annual report on Form 10-K of Natural MicroSystems Corporation.


Boston, Massachusetts
March 30, 1999
Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of BCSB Bancorp, Inc. (the Company) on Form 10-Q for the quarter ended March 31,
2010 as filed with the Securities and Exchange Commission (the Report), the undersigned hereby certify, pursuant to 18 U.S.C. § 1350, as added by § 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 as of and for the
period covered by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                     
|------------------ |  | ----------------------------------------------------
|Date: May 13, 2010 |  | /s/ Joseph J. Bouffard                              
|                   |  | Joseph J. Bouffard                                  
|                   |  | President and Chief Executive Officer               
|                   | 
|Date: May 13, 2010 |  | /s/ Anthony R. Cole                                 
|                   |  | Anthony R. Cole                                     
|                   |  | Executive Vice President and Chief Financial Officer
#### HARDMAN v. SCHILLING.

No. 3956.

Court of Appeal of Louisiana. Second Circuit, Second Division.

Dec. 9, 1931.

J. F. Phillips, of Shreveport, for appellant.

G. Randell Whitmeyer, of Shreveport, for appellee.

TALIAFERRO, J.

Plaintiff sues to recover a balance of $195 alleged to be due by defendant on- account of rent. Defendant denies that he owes plaintiff any amount, averring that he has paid him or his agents or representatives all rent that accrued under the contract of lease between them.

Judgment was rendered for plaintiff for amount sued for on August 5, 1930, and on August 8th defendant filed motion for new trial, complaining that whereas his attorney was notified that the case was fixed for trial for August 8th, it was in fact taken up for trial, tried, and judgment rendered and signed on August 5th, in the absence of himself and his counsel. This motion was sustained, and new trial granted.. Presumably, the case was again tried on August 14th, as on this date another judgment was given plaintiff for the amount .sued for, although the minutes of the court do not disclose that another trial was had on this date. Defendant again filed motion for new trial on ground that the judgment was contrary to the law and evidence in the case, which, on September 22d, was overruled. The minutes of the court for this date-read as follows:

“Motion for new trial overruled. Judgment reduced to $150.00. Judgment read, signed and filed.”

It is from this judgment defendant appealed. Plaintiff has answered the appeal, praying that the judgment be increased to $195; that the appeal be decreed to be frivolous, and that the statutory penalty of ten per cent, of the amount in controversy be assessed against defendant as damages for taking and prosecuting such appeal.

Defendant has made no appearance in this court, nor did he file brief. Evidently he has abandoned his appeal. We shall so treat it. Plaintiff is entitled to the relief asked for in his answer to the appeal.

When the city court overruled defendant’s motion for new trial on September 22, 1930, the judgment signed by it on August,. 14th became final so far as that court was concerned, and thereafter it was without pow*190er, right, or authority on its own motion to arbitrarily reduce or alter that judgment to any extent. Code Prac. arts. 547, 548.

It is obvious defendant’s dilatory tactics were invoked for delay only. We are informed in plaintiff’s brief that defendant did not appear at either trial of the case; nor did he testify. We. have no hesitancy in concluding that this appeal is frivolous, and that the statutory penalty should be inflicted. Code Prac. art. 907; Devoe & Raynolds Co. v. Turpin, 16 La. App. 43, 133 So. 493.

For the reasons herein assigned, the judgment appealed from is hereby amended by increasing same to $195 with 8 per cent, interest from March 5, 1930, until paid; and there is further judgment in favor of plaintiff condemning defendant to pay to him ten per cen-tum of this judgment as penalty for frivolous appeal, and, as thus amended, the judgment appealed from is affirmed.
#### William L. Johnson, Respondent, v. Victoria Chief Copper Mining and Smelting Company, Appellant, Impleaded with Julia Howe Bigelow and Others.

Order affirmed, with ten dollars costs and disbursements. No opinion.