alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Snyder et al. *v.*Benson et al.

(No. 25648

Decided January 29, 1936.)

*Mr. W. A. Summit,*for plaintiffs in error.

*Mr. Aaron A. Cohen,*for defendants in error.

It is ordered ¿nd adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

Weygandt, C. J., Stephenson, Williams, Matthias, Day and Zimmerman, JJ., concur.
#### Rodolfo ARAIZA, Appellant, v. The STATE of Texas, Appellee.

No. 46524.

Court of Criminal Appeals of Texas.

March 7, 1973.

*117Thomas J. Lee, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gus Wilcox and Michael P. Hodge, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction of burglary with intent to commit theft. The appellant, after being duly admonished, entered a plea of guilty before the court and punishment was assessed at ten years.

Appellant contends the evidence is insufficient to support the conviction.

Appellant made the following judicial admission in writing which was introduced into evidence:

> “I Rodolfo Araiza, do confess and further stipulate that on November 22, 1971 in Bexar County, Texas, I did unlawfully by force, break and enter the house of Ernest Gonzales, without his consent, with intent to take corporeal personal property therein without Ernest Gonzales’ consent, and it was my intent to deprive him of same and appropriate same to my use and benefit.”

The judicial confession is sufficient to support the conviction under Article 1.15, Vernon’s Ann.C.C.P. Knight v. State, Tex. Cr.App., 481 S.W.2d 143; East v. State, Tex.Cr.App., 476 S.W.2d 292; Tyler v. State, Tex.Civ.App., 476 S.W.2d 291; Soto v. State, Tex.Civ.App., 456 S.W.2d 389.

No motion for rehearing will be filed by the clerk except by leave of this Court upon a showing of good cause.

The judgment is affirmed.

Opinion approved by the Court.
<PAGE>
                                                                    EXHIBIT 99.2

                               CERTIFICATE OF CFO


         I, Leslye L. Grindle, Chief Financial Officer of Southern Community
Bancshares, Inc. (the "Registrant"), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, based on my knowledge:

         (3)      the annual report on Form 10-KSB of the Registrant, to which
                  this certificate is attached as an exhibit (the "Report"),
                  fully complies with the requirements of section 13(a) of the
                  Securities Exchange Act of 1934 (15 U.S.C. 78m(a)); and

         (4)      the information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Registrant.

                                      /s/ Leslye L. Grindle
Dated: March 27, 2003                 ------------------------------------------
                                      Leslye L. Grindle, Chief Financial Officer
#### COLSON v. STATE.

Supreme Court of Florida. Special Division A.

July 23, 1954.

Sigsbee Lee Schruggs and Parks Carmichael, Gainesville, and Miller Lang, Trenton, for appellant.

Richard W. Ervin, Atty. Gen., and Mark R. Hawes, Asst. Atty. Gen., for appellee.

TERRELL, Justice.

Appellant was tried and convicted because he did unlawfully, knowingly and willfully resist, obstruct and oppose the sheriff of Gilchrist County in the exercise of his lawful duty contrary to F.S. Section 843.01, F.S.A. A motion for new trial was overruled and the defendant appealed.

Several questions are urged for reversal but the gist of appellant’s grievance is that he brought himself within but was denied benefit of the rule announced in Garner v. State, 28 Fla. 113, 9 So. 835, and similar cases where he approved the doctrine that if one is so drunk as to be incapable of forming an intent, no such intent can exist nor can any offense of which it is a necessary element be committed.

Appellant does not deny resisting the sheriff but he says he was so drunk at the time he did not know what he was doing and, being so, the necessary element of “knowingly and willfully” resisting the sheriff in the performance of his duty was not present. He offers no criterion or pattern by which to determine how drunk he would have to be to incapacitate him to form an intent. The jury and the trial court found him able to form one and we find no error in their finding. Appellant admits in his brief that if there was competent evidence to prove that resistance to the sheriff was “knowingly and willfully” done, the court was correct in approving the conviction.

We do not indulge meticulous discussion of the evidence but casual inspection of it discloses that the sheriff exercised an unusually tolerant attitude in handling defendant, more in fact than reason and discretion required. He was no doubt “well soused” but it is an old saw that “some are keener drunk than others are sober.” Whether or not defendant had enough left to know what he was doing was a question for the jury. At any rate, they resolved it against him on good reasoning. The sheriff has a duty to protect the safety of the sober as well as those who get drunk, forget their responsibility to the public, and make themselves a menace to public safety. There is no better forum than a jury to determine which of these categories a man allies himself with. The record pictures appellant as a common drunk but even so it requires more than his admission that he passed out and was not responsible, to overcome the finding of the trial court and the jury.

The judgment appealed from is without error and is affirmed.

Affirmed.

ROBERTS, C. J., and MATHEWS and DREW, JJ., concur.
Dismissed; Opinion Filed October 21, 2019

.

In t he 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 00743

- CR

JESSICA ROXANA PEREZ , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas Trial Court Cause No. F17

- 76808

- J



### MEMORANDUM OPINION
Before Justices Pedersen, III, Reichek, and Carlyle

Opinion by Justice Carlyle
Before the Court is appellant’s October 16, 2019 motion t o dismiss this appeal. The motion

is signed by appellant and her appellate counsel. See T EX

. R. A PP

. P. 42.2(a). We grant the motion

and dismiss this appeal.

Do Not Publish
T EX

. R. A PP

. P. 47.2(b) 190743F.U05 /Cory L. Carlyle/
CORY L. CARLYLE JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

JESSICA ROXANA PEREZ, Appellant

No. 05

- 19

- 00743

- CR V.

THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3, Dallas County, Texas Trial Court Cause No. F17

- 76808

- J. Opinion delivered by Justice Carlyle, Justices Pedersen, III and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 21 st day of October, 2019

.
EXHIBIT 31.2




SECTION 302 CERTIFICATION




I, William Koziel, certify that:




1.           I have reviewed this Amendment No. 1 on Form 10-K/A to the annual report on Form 10-K of Cosi, Inc; and




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.




Date: May 12, 2010




/s/ WILLIAM KOZIEL


William Koziel


Chief Financial Officer, Secretary and Treasurer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from the consolidated
financial statements of Serologicals Corporation for the quarter ended March 29,
1998, as set forth in its Form 10-Q for such quarter and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-27-1998
<PERIOD-START>                             DEC-29-1997
<PERIOD-END>                               MAR-29-1998
<CASH>                                        $ 25,335
<SECURITIES>                                         0
<RECEIVABLES>                                   16,814
<ALLOWANCES>                                         0
<INVENTORY>                                      9,675
<CURRENT-ASSETS>                                55,169
<PP&E>                                          14,315
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                $126,643
<CURRENT-LIABILITIES>                           14,498
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           158
<OTHER-SE>                                     108,692
<TOTAL-LIABILITY-AND-EQUITY>                  $126,643
<SALES>                                        $29,434
<TOTAL-REVENUES>                                29,434
<CGS>                                           19,139
<TOTAL-COSTS>                                   19,139
<OTHER-EXPENSES>                                 4,527
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (273)
<INCOME-PRETAX>                                  6,041
<INCOME-TAX>                                     2,212
<INCOME-CONTINUING>                             $3,829
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    $3,829
<EPS-PRIMARY>                                    $0.24
<EPS-DILUTED>                                    $0.23
        

</TABLE>
Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE 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 Zond-PanAero Windsystem Partners I
(the "Partnership") on Form 10-Q for the three months ended September 30, 2005
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Eric D. Gadd, Chief Executive Officer of Zond Windsystems
Management LLC, as General Partner of the Partnership, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, 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 Partnership for the three months ended September 30, 2005.


Date:  November 14, 2005
                                   /s/ Eric D. Gadd
                                   ------------------------------
                                   Eric D. Gadd
                                   Chief Executive Officer
                                   Zond Windsystems Management LLC, as General
                                   Partner of Zond-PanAero Windsystem Partners I
---

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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                    
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below:

*License Number:*                     4020F.                

*Name:*                     Southern Cross Shipping, Inc.                

*Address:*                     6440 NW 2nd Street, Miami, FL 33126.                

*Date Revoked:*                     August 4, 2010.                

*Reason:*                     Surrendered license voluntarily.                

*License Number:*                     002148N.                

*Name:*                     Jagremar Marine, Inc.                

*Address:*                     15600 Morales Road, Houston, TX 77032.                

*Date Revoked:*                     August 4, 2010.                

*Reason:*                     Surrendered license voluntarily.                

Sandra L. Kusumoto,

Director, Bureau of Certification and Licensing.

[FR Doc. 2010-21158 Filed 8-24-10; 8:45 am]

BILLING CODE 6730-01-P
| Skip to Content*Release Date: March 12, 2009*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.200 Gold and Official Foreign Exchange Holdings1** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### Roy Davis PARKS, Appellant, v. The STATE of Texas, Appellee.

No. 44311.

Court of Criminal Appeals of Texas.

Nov. 23, 1971.

*33John G. Gilleland, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and I. D. McMaster, Asst. Dist. Attys., Houston, and Jim D. Vollers, State’s Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of murder without malice, with the punishment assessed by the jury at five years.

Appellant’s first ground of error contends that the evidence was insufficient to support the verdict. Viewed most favorably to the State, the evidence established that appellant and the deceased were engaged in a dice game in Houston, and that a dispute arose between them. Appellant pulled his knife out and stabbed the deceased.

Tommy Ross testified he was present at the time of the stabbing, that he saw nothing in the hands of the deceased and he had not made any unusual moves. After the stabbing, the appellant closed his knife, went out of the house, got into his car and left.

The testimony of the chief medical examiner for Harris County was stipulated and showed that the deceased came to his death as a result of a stab wound to the chest.

Appellant testified in his own behalf, and admitted that the knife introduced into evidence was his knife and was the knife with which he stabbed the deceased. He further claimed they argued over a dollar which the deceased owed him and that in the heat of the argument he saw the deceased put his hand in his pocket, and he stabbed deceased to protect himself.

Other witnesses testified as to the deceased being dead immediately after being stabbed, and that the appellant was the one who had stabbed him.

The court charged the jury on murder with malice, murder without malice, aggravated assault, and self-defense.

The evidence cited above is sufficient to support the verdict of the jury. Hill v. State, Tex.Cr.App., 456 S.W.2d 699. Appellant’s first ground of error is overruled.

Appellant’s second ground of error complains of the method in which the jury was selected herein. The record contains nothing in regard to the method of selection of the jury. It is well established that matters outside the record cannot be considered on appeal. Bray v. State, 101 Tex.Cr.R. 346, 276 S.W. 244; Carroll v. State, 104 Tex.Cr.R. 11, 282 S.W. 233.

Appellant’s third ground of error contends he was denied a fair trial by having admitted into evidence against him, “items of evidence clearly inadmissible under law.” This is inadequate as an assignment of error under the provisions of Article 40.09, Sec. 9, Vernon’s Ann.C.C.P., and will not be considered by the Court.

The judgment is affirmed.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Andres Gilberto Flores v. The State of Texas

Appellate case number: 01-09-01125-CR

Trial court case number: 09-DCR-051481

Trial court: 268th District Court of Fort Bend County

This case was abated and remanded to the trial court on July 5, 2012. In the order of 

abatement, we ordered the trial court to appoint counsel to represent appellant in this appeal. On 

October 4, 2012, the district clerk filed a supplemental clerk’s record, containing an order of the 

trial court appointing Stephen Doggett to represent appellant. 

Accordingly, we REINSTATE this case on the Court’s active docket.

Judge’s signature: /s/ Justice Jennings 

 Acting individually  Acting for the Court

Date: November 14, 2012
P.O. BOX 12308, CAPITOL STATION AUSTIN, TEXAS 78711 DFTEXA: FEWALTYF©R PYRUVATE USE 

### 0 -— v 0 2 1M 0004279596 MAR 31 2015 MAILED FROM ZIP CODE 78701 

### RE: WR-12,375-24 

### HERBERT HERMAN FEIST 

# :^a K^UNTY C0^ECT,ONAL FACILITY* 18805 BEAUMONT, TX 77720 UT? 55 <?lfigil-fe|^.0.fl 772.O 

## .-ii|...-»f9 «'i>^|ir.|'-i,i-hi, ii|{Viiii,-;-!.-!'!!}-^.. p,f.ii'iVl.
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 13

- 00226

- CR

PERRY WAYNE JERDEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 21

- 398

- 2011

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss2 

### MEMORANDUM OPINION

P erry Wayne Jerden has filed a document through which he attempts to initiate an out of

time direct appeal through this Court. We can determine from his filing that he was convicted in

a jury trial in May 2012. He states that he desired to appeal, but that his appoi nted attorney did

not pursue the appeal

. He now seeks to do so pro se.

Under the appellate rules, this Court has jurisdiction over a criminal appeal only if a

notice of appeal is filed timely

— which would be within thirty days of the date sentence is

im posed (or ninety days if a motion for new trial is timely filed). T EX

. R. A PP

. P

. 26.2.

An out

- of

- time appeal can be obtained only from the Texas Court of Criminal Appeals

through a writ of habeas corpus returnable to that court as authorized by Articl e 11.07 of the

Texas Code of Criminal Procedure. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 11.07 (West Supp.

2013). To provide such relief is not within our power. As we have no jurisdiction over this

attempted appeal, we must dismiss.

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: October 29, 2013

Date Decided: October 30, 2013

Do Not Publish3
SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D. C. 20549


                                    FORM 8-K


                                 CURRENT REPORT


                     Pursuant to Section 13 or 15(d) of the
                         Securities Exchange Act of 1934


       Date of Report (Date of earliest event reported): January 29, 2004



                           HIGHLANDS BANKSHARES, INC.
             (Exact name of registrant as specified in its charter)


    West Virginia                       0-16761                  55-0650793
(State or other jurisdiction of   (Commission File Number)    (I.R.S. Employer
incorporation or organization)                               Identification No.)


                                  P. O. Box 929
                         Petersburg, West Virginia 26847
                    (Address of principal executive offices)



          Registrant's telephone number, including area code (304) 257-4111


                                 Not Applicable
                 (Former address of principal executive offices)


<PAGE> 2




Item 5        Other Events

         Leslie A. Barr,  President and Chief Executive Officer of Highlands
Bankshares Inc., having reached customary retirement age, is retiring from
the positions of President and Chief Executive  Officer  effective
January 31, 2004. Mr. Barr will remain a member of the Board of  Directors
of  Highlands  Bankshares  Inc.  and will  continue to serve on the Board of
Directors of Capon Valley Bank, a subsidiary of Highlands Bankshares Inc.

         Clarence E. Porter, currently a member of the Board of Directors of
Highlands Bankshares Inc., the Company's Treasurer, and the President and Chief
Executive Officer of The Grant County Bank, a subsidiary of Highlands Bankshares
Inc., will assume the duties as President and Chief Executive Officer of
Highlands Bankshares Inc. effective February 1, 2004 and will hold this position
on an interim basis until the Board of Directors of the Company names a
permanent President and Chief Executive Officer at its regular meeting to be
held February 10, 2004.

SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                  HIGHLAND BANKSHARES, INC.
                                  (Registrant)

                                  /s/ R. ALAN MILLER
                                  -------------------------------------
                                  R. Alan Miller
                                  Finance Officer


                                  /s/ C. E. PORTER
                                  -------------------------------------
                                  C. E. Porter
                                  Treasurer


January 29, 2004