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

Opinion delivered December 4, 1922.

1. Continuance — absent witness. — Where, on a motion for continuance, it was shown that a witness was beyond the jurisdiction of the court, and no showing was made that his attendance could be procured at a future term, it was not error to deny a continuance on account of his absence.

2. Continuance — absent witness. — To procure a continuance on account of the absence of a witness, a definite showing must be made that he can be produced or his evidence procured at the next term.

Appeal from Lafayette Circuit Court; *George B. ■ Haynie,*Judge;

affirmed.

*McKay $ Smith,*for appellant.

*J. S. Utley,*Attorney General, *Elbert Godwin*and *W. T. Hammock,*Assistants, for appellee.

Humphreys, J.

Appellant was indicted, tried and convicted in the Lafayette Circuit Court of the crime of grand larceny for stealing $600 from Will Young. An appeal from the judgment of conviction has been duly prosecuted to this court.

*180Appellant’s only insistence for reversal is that the court erred in overruling a motion for continuance of the cause to another day in the term, or to the next term of court. The cause had been continued by agreement from the February to the August, 1922, term of court and set for trial on the second Monday of said term. The witnesses, having been subpoenaed to appear at the February term, were notified by the court to appear on the second Monday of the August term. Three of appellant’s witnesses did not appear. The testimony of two of them, Luther Parish and Jacob Burke, was material to his defense, and not entirely cumulative. The motion for continuance, in form, met with requirements of the law, and the absence of the witnesses was made the ground thereof.

It was shown that Luther Parish had gone to Shreveport, Louisiana, beyond the jurisdiction of the court, and no showing was made that his attendance could he procured at a future term of court. It was not error to deny a continuance on account of the absence of said witness. *McCarthy*v. *State,*90 Ark. 384; *C. R. I. & P. Ry. Co.*v. *Harris,*103 Ark. 509.

The whereabouts of Jacob Burke was not definitely shown. L. A. McLendon, a deputy sheriff, testified that some of them told him the witness was working for the Rock Island at Little Rock. A definite showing should have been made by appellant that the absent witness was within the jurisdiction of the court. Unless the witness was in Arkansas, it was not within the ability of appellant to produce him at the next term of court. In order to procure a continuance on account of the absence of a witness, a defendant must make a definite showing that he can produce the witness or procure his evidence at the next term of court. *Striplin*v. *State,*100 Ark. 132.

No error appearing, the judgment is affirmed.
<PAGE>
                                                                    Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                         PEOPLES FINANCIAL CORPORATION
                         PURSUANT TO 18 U.S.C. SS. 1350

I, Lauri A. Wood, Chief Financial Officer and Controller of Peoples Financial
Corporation (the "Company"), hereby certify that the accompanying report on Form
10-Q for the period ending September 30, 2003 and filed with the Securities and
Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the "Report") by the Company fully complies
with the requirements of that section.

I further certify that the information contained in the Report fairly presents,
in all material aspects, the financial operations and results of operations of
the Company.

                   By: /s/ Lauri A. Wood
                       -----------------------------------------------
                       Lauri A. Wood

                       Chief Financial Officer and Controller

                       November 7, 2003
                       -----------------------------------------------
                       Date
EXHIBIT 32.2

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-QSB of Incentra Solutions,
Inc. (the "Company") for the period ended September 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Paul
McKnight, as Chief Financial Officer of the Company, hereby certifies, pursuant
to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of2002, 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, 2006                      By: /s/ Paul McKnight
                                                 -----------------
                                                  Paul McKnight
                                                  Chief Financial Officer

------------------------------------------------------------------------------
This certification accompanies each Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

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.
|Exhibit 4.77
|------------
|            
|            
|            



This is an English
Translation



Spousal Consent
Letter



I, Lie Deng He (ID No: ), as the legal
spouse of Zhengyu Chen (ID No: ), hereby unconditionally agree that the equity interests of Beijing Star World Technology Company
Limited , owned by and registered under name of my spouse, is disposed in accordance with the arrangements under Loan Agreement,
Equity, Equity Disposition Agreement and Equity Pledge Agreement dated as of April 26, 2012 and other supplementary agreements
to be signed from time to time.



I further guarantee not to take any
action at any time with an intention conflicting against the above-identified arrangements, including making a claim to court or
other competent authorities that such equity interests constitute the property or community property between my spouse and me.
I, unconditionally and irrevocably, hereby waive any and all rights or benefits granted to me with relation to such equity interests
under applicable laws and confirm that in no event such equity interests constitute any community property between my spouse and
me.



| |                     |               
| | ------------------- | --------------
| | Name of the Spouse: | /s/ Lie Deng  
| |                     | Lie Deng      
| | ID No:              |               
| | Date                | April 26, 2012



Witness:





/s/ Mingzhe Zhou

_______________________

Mingzhe Zhou









/s/ Qiuhua Xu

_______________________

Qiuhua Xu
## F I F T H 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5D 2 3

- 0812 LT Case No. 2013

- CF

- 6715

- A

_____________________________ D ETARSHA C. B RADLEY , Appellant,

v. S TATE OF F LORIDA , Appellee.

_____________________________
3.850 A ppeal from the Circuit Court for Duval County. R. Anthony Salem, Judge. Detarsha Castro Bradley, Miami, pro se. Ashley Moody, Attorney General and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee. April 2 , 2024

P ER C URIAM
. A FFIRMED
. E DWARDS , C.J., and L AMB ERT and K ILBANE , JJ., concur .2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4502

DWAYNE CLARK, a/k/a Bill,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

Frederic N. Smalkin, District Judge.

(CR-96-192-S)

Submitted: April 16, 1998

Decided: May 1, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS,

Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Robert T. Durkin, Jr., Baltimore, Maryland, for Appellant. Lynne A.

Battaglia, United States Attorney, Christine Manuelian, Assistant

United States Attorney, Baltimore, Maryland, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Dwayne Clark pled guilty to conspiracy to distribute and possession with intent to distribute heroin in violation of 21 U.S.C. § 846

(1994). He was sentenced to 262 months' imprisonment and five

years of supervised release. He timely appealed the judgment of conviction and sentence. Finding no error, we affirm.

Clark contends that the district court erred by adjusting his sentence upward by three levels under U.S. Sentencing Guidelines

Manual § 3B1.1(b) (1995). A three-level upward adjustment is due

"[i]f the defendant was a manager or supervisor (but not an organizer

or leader) and the criminal activity involved five or more participants

or was otherwise extensive." See USSG§ 3B1.1(b). Such a factual

determination is reviewable for clear error, United States v. Harriott,

976 F.2d 198, 202 (4th Cir. 1992), and the testimony of a credible

government witness is sufficient to support the adjustment. See

United States v. Hyppolite, 65 F.3d 1151, 1159 (4th Cir. 1995), cert.

denied, ___ U.S. ___, 64 U.S.L.W. 3708 (U.S. Apr. 22, 1996) (No.

95-8395).

Clark's plea agreement contained stipulations of fact sufficient to

warrant the adjustment. Further, the adjustment was supported by the

testimony of a codefendant at sentencing, which the district court

found credible. We find that the district court's upward adjustment

under § 3B1.1(b) was not clearly erroneous.* Accordingly, we affirm

Clark's conviction and sentence. We dispense with oral argument

because the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the decisional

process.

AFFIRMED

_________________________________________________________________

*Clark filed a pro se supplemental brief, expanding counsel's challenge to the sentencing adjustment under 3B1.1(b). We have considered

the supplemental brief, but find his claims meritless. See Hyppolite, 65

F.3d at 1159; Harriott, 976 F.2d at 202.

 2
EXHIBIT
31





CERTIFICATIONS





I,
Matthew W. Shankle, certify that:





1.  I
have reviewed this quarterly report on Form 10-Q of Advance Display
Technologies, 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 small business issuer 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
small business issuer and I 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 small business issuer, 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 small business issuer's disclosure controls and
procedures and presented in this report my conclusions about the effectiveness
of the disclosure controls and procedures, as of the end the period covered by
this report based on such evaluation;





(c)  Disclosed
in this report any change in the small business issuer’s internal control over
financial reporting that occurred during the small business issuer’s most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the small business issuer’s internal control over financial
reporting; and





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





(a)  All
significant deficiencies and material weakness in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer’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 small business issuer's internal control over
financial reporting.





Date:  February
20,2009











/s/ Matthew W.
Shankle


Matthew
W. Shankle


President,
Chief Executive and Financial Officer
<PAGE>



                                                                  EXHIBIT 23.1



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in this registration statement of our report dated October 27, 1999
included in GaSonics International Corporation's Form 10-K for the year ended
September 30, 1999 and to all references to our Firm included in this
registration statement.


                                                     /s/ Arthur Andersen LLP
                                                     ARTHUR ANDERSEN LLP

San Jose, California
October 3, 2000
EX-10.84d



 Exhibit 10.84d 

December 4, 2013 
 Via Certified Mail – Return Receipt
Request 
 Mr. Frederick Tomarchio 
 Mt. Airy South Main
Street, LLC 
 P.O. Box 55 
 Glenelg, MD 21237 

 

			
	RE:	 	Lease Agreement dated September 2, 1999 by and between Mt. Airy South Main Street, LLC, successor in interest to LPR Associates (“Landlord”) and Monro Muffler Brake, Inc., successor in interest to Mr. Tire, Inc.
(“Tenant”) for premises situate at 1312 South Main Street, Mt. Airy, MD [MMB #765]

 Dear Fred: 
 Please accept this
letter as Monro Muffler Brake, Inc.’s official notification of our intent to renew said lease agreement for the second five-year renewal period commencing on January 1, 2015 and expiring December 31, 2019. The rent for said renewal
period shall be $12,871.17 per month. 
 Tenant shall have four five-year renewal options remaining. 

Please do not hesitate to contact me at 800-876-6676 ext. 3305 or Mindi Collom at ext. 3320 if you have any questions relative to the renewal. 

 

	
	Very truly yours,
	
	/s/ John W. Van Heel
	
	John W. Van Heel
	President and CEO

 JVH:mc
**EXHIBIT 32.2**

 

**Certification Pursuant to 18 U.S.C. Section 1350**

**As Adopted Pursuant to Section 906of the Sarbanes-Oxley Act of 2002**

 

Inconnection with the Annual Report of Jacobs Entertainment, Inc. (the “Company”)on Form 10-K for the year ended December 31, 2008, as filed with theSecurities and Exchange Commission on the date hereof (the “Annual Report”), I,Brett A. Kramer, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

1.                                       the Annual Report fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and

 

2.                                      the information contained in the AnnualReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
|   | /s/ Brett A. Kramer |
|--------|---------------------|
|   | Name:               | Brett A. Kramer |
|   | Title:              | Chief Financial Officer |
|   | Date:               | March 18, 2009 |

 

----
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19 - 0372 STATE OF MONTANA,

Plaintiff and Appellee, v. MICKEY RODNEY PAYNE,

Defendant and Appellant.

ORDER Upon consideration of Counsel’s motion to withdraw as counsel of record, and good cause appearing, IT IS HEREBY ORDERED that the Defendant/Appellant in this matter shall file a response to this motion within thirty (30) days of the date of this Order. The response must be served upon all counsel of record, including the Attorney General, the County Attorney, and the Appellate Defender Division. IT IS FURTHER ORDERED that the Clerk of this Court give notice of this Order by mail to all counsel of record and to the Defendant/Appellant at his last known address. Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 19 2020

08/19/2020 Case Number: DA 19-0372
**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 Annual Report of New Media Lottery Services, Inc. (the
      “Company”) on Form 10-KSB/A for the period ended April 30, 2006 as filed with
      the Securities and Exchange on the date hereof (the “Report”), the undersigned,
      in the capacities and on the dates indicated below, hereby certifies pursuant
      to
      18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to his knowledge:




1.
      The
      Report 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 operation of the Company.





**SIGNATURE**
            ****
            **TITLE**
            **DATE**/s/Randolph
                H. Brownell, III
            
            Chief
                Operating Officer and Chief Financial Officer
            September
                  26, 2006Randolph
                H. Brownell, III





This
      certification accompanies this Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      or
      otherwise subject to liability under that section. This certification shall
      not
      be deemed incorporated by reference in any filing under the Securities Act
      or
      Exchange Act, except to the extent that the Company specifically incorporates
      it
      by reference.




A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form with the electronic version 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.
Exhibit 31.1



CERTIFICATIONS



I, Peter H. van Oppen, certify that:



1. I have reviewed this Form 10-Q of Advanced Digital Information Corporation;



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)) for the registrant and have:



(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;



(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions
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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



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):



(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.



|                     |  |                                                         
|-------------------- |  | --------------------------------------------------------
|Dated: June 11, 2004 |  | /s/ PETER H. VAN OPPEN                                  
|                     |  | Peter H. van Oppen, Chairman and Chief Executive Officer
EXHIBIT 99.4







| | KPMG LLP                       | Telephone | (306) 934-6200
| | ------------------------------ | --------- | --------------
| | Chartered Accountants          | Fax       | (306) 934-6233
| | 500 – 475 Second Avenue South  | Internet  | www.kpmg.ca   
| | Saskatoon Saskatchewan S7K 1P4 |           |               
| | Canada                         |           |               





















Consent of Independent Registered Public Accounting
Firm



The Board of Directors of Claude Resources Inc.



We consent to the use of our report, dated
March 27, 2013,with respect to the consolidated financial statements of Claude Resources Inc., which comprise the consolidated
statements of financial position as at December 31, 2012 and December 31, 2011, the consolidated statements of income, comprehensive
income, shareholders’ equity and cash flows for the years then ended, and notes, comprising a summary of significant accounting
policies and other explanatory information, included in this annual report on Form 40-F.





Chartered Accountants



March 27, 2013

Saskatoon, Canada



















































KPMG LLP, is
a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative (“KPMG International”), a Swiss entity. KPMG Canada provides services to KPMG LLP.