alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
9468.

#### Foster *v.*The State.

Harwell, J.

1. The matter of allowing a plea to be withdrawn after' sentence is imposed being discretionary with the trial judge, he properly refused, under the facts of the instant case, to set aside the judgment imposing sentence, and to. allow the plea to be withdrawn. *110
      *Griffin*v. *State,*12 *Ga. App.*615 (4), 620 (77 S. E. 1080); *Bearden v. State,*13 *Ga. App.*264 (79 S. E. 79).

Decided April 2, 1918.

Certiorari; from Fulton, superior court—Judge Pendleton. November 1, 1917.

O. T. Foster was charged, in the criminal court, of Atlanta, with possessing spirituous and intoxicating liquors. A plea of guilty was entered, and the judge sentenced him to pay a fine of $1,000, or in lieu thereof to serve twelve months on the public works of Fulton county. After senténce was passed, the defendant made a motion to withdraw “what was taken as a plea of guilty,” and to vacate and set aside the judgment imposing the sentence, on the ground that he did not intend to plead guilty, and that when he came before the court and admitted having liquor in his car, he thought he was there to consummate a settlement of the cases pending against him in that court, by which he thought he was to be allowed to pay $100 in settlement of both cases; and on the further ground that he was not legally arraignéd, and that he was led to believe that he would be dealt with leniently, and this was the cause of his admitting that the liquor was in his car. The judge of the criminal court denied the motion, and the defendant carried the case by certiorari to the superior court. The trial judge’s answer to the certiorari showed that the defendant stated, on September 1$, 1917, that he wished to plead guilty; that- the court had him to wait until the next day so that the court could look into the case, and on the following day he voluntarily pleaded guilty after being properly arraigned and after being fully informed of the charge against him; that the court had not promised him or any one else to be lenient if the plea of guilty was entered; that the court knew nothing whatever of any agreement as to settling the cases against him or being lenient, as set out in the petition for certiorari; and that the sentence was imposed after the court'investigated the case.

2. The defendant in'his motion to vacate did not set up that the judge, the solicitor, or any other court official misled him or indu'ced him to plead guilty, or made any promise in regard thereto. The answer of the trial judge to the writ of certiorari, which was not traversed, showed that the plea of .guilty was legally entered1 and sentence was legally imposed; and the superior court did not err in overruling md dismissing the certiorari. *Jackson*v. *State,*99 *Ga.*209 (25 S. E. 177).

*Judgment affirmed.*

*Broyles, P. J., and Bloodworth, J., concur.*

*111■The judge of the superior court overruled and dismissed the certiorari, and the defendant excepted.

*R. R. Jackson, E. F. Childress, Eugene Dickey,*for plaintiff in error. *John A. Boykin, solicitor-general, Lowry Arnold, solicitor, E. A. Stephens,*contra.
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##### Table of Contents



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 10-Q/A
 (Amendment No. 1)
 þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
 For the Quarterly Period Ended September 30, 2005
 or
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
 Commission File Number: 000-50798
 COLOR KINETICS INCORPORATED
 (Exact name of registrant as specified in its charter)
 DELAWARE(State or other jurisdiction of incorporation or organization)
    
    04-3391805(I.R.S. Employer Identification No.)
 10 Milk Street, Suite 1100
Boston, Massachusetts 02108  (Address of principal executive offices)  (617) 423-9999  (Registrants telephone number, including area code)
 þ o
 o þ
 o þ




---



TABLE OF CONTENTS  PART IIItem 5. Other InformationSIGNATURESEx-31.1 Section 302 Certification of CEOEx-31.2 Section 302 Certification of CFOEx-32.1 Section 906 Certification of CEO & CFO    Table of Contents  EXPLANATORY NOTE
    
 PART II
 
 Item 5. Other Information
  Number ofShares
    
    ExerciseUnderlying
    
    PriceDate of
    
    Nonqualified
    
    PerName
    
    Title at Date of Grant
    
    Grant
    
    Stock Options
    
    ShareAbele, John E.
    
    Director
    
    7/19/2005
    
    
    7,500
    
    
    $
    11.61Allison, Elisabeth
    
    Director
    
    7/19/2005
    
    
    7,500
    
    
    $
    11.61Armen, Garo
    
    Director
    
    7/19/2005
    
    
    7,500
    
    
    $
    11.61




---



##### Table of Contents



SIGNATURES
  COLOR KINETICS INCORPORATEDBy: /s/ William J. SimsWilliam J. SimsChief Executive OfficerBy: /s/ David K. JohnsonDavid K. JohnsonChief Financial Officer
#### JOSEPH HOWARD AUTENRIETH, PLAINTIFF-RESPONDENT, v. CARRIE B. VLIET AND HARRY VLIET, Jr., DEFENDANTS-APPELLANTS.

Submitted October 2, 1945

Decided October 31, 1945.

Before Justices Case, Bodine and Pekskie.

For the defendants-appellants, *Clancy & Murphy.*

For the plaintiff-respondent, *Biunno & Rothenberg (Ferdinand J. Biunno).*

The opinion of the court was delivered by

Bodine, J.

Judgment in this case was for $103.50. The action arose because of the alleged violation of the Emergency Price Control Act of 1942, *U. 8. C. A. Title*50, § 205 *(e),*and the regulations promulgated thereunder, particularly *Rev. M. P. R.*139 of March 24th, 1943.

On or about September 1st, 1943, the defendants sold to the plaintiff a 1932 Model L-57 Sparton refrigerator, serial B2675. The price paid was $45. The regulations provide *374a price of $10.50 for such a refrigerator. The statute permits, of triple damages in such case as were awarded here.

Clearly, the refrigerator was sold as an “As is” refrigerator. The contention was that because there was a new motor it was a reconditioned refrigerator, but there was no guarantee as in such case made and provided. Besides, the defendants were not dealers and the provision respecting the addition of the net cost of the replacement applies only to such group. Had there been a guarantee as required of the dealer the refrigerator must have been placed in working order. The replacement part cost $35.

The case seems a hard one. If the defendants had refrained from purchasing the replacement part they could have sold for $10.50 and saved the $35 they paid for the part. If they had been dealers and given a guarantee for one year’s service, they could have sold for $45.50.

Courts, however, cannot change the acts of parties litigant nor can they rewrite laws. The act was extended to individual sales and the individuals sold at their peril, if they disregarded the act and regulations thereunder, and were hence liable in damages.

The judgment is affirmed, with costs.
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 142 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                           May 7, 1997.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 478) to amend the Endangered Species Act of 1973 to improve the 
ability of individuals and local, State, and Federal agencies to comply with 
that Act in building, operating, maintaining, or repairing flood control 
projects, facilities, or structures. The first reading of the bill shall be 
dispensed with. General debate shall be confined to the bill and shall not 
exceed one hour equally divided and controlled by the chairman and ranking 
minority member of the Committee on Resources. After general debate the bill 
shall be considered for amendment under the five-minute rule. It shall be in 
order to consider as an original bill for the purpose of amendment under the 
five-minute rule the amendment in the nature of a substitute recommended by the 
Committee on Resources now printed in the bill. Each section of the committee 
amendment in the nature of a substitute shall be considered as read. During 
consideration of the bill for amendment, the Chairman of the Committee of the 
Whole may accord priority in recognition on the basis of whether the Member 
offering an amendment has caused it to be printed in the portion of the 
Congressional Record designated for that purpose in clause 6 of rule XXIII. 
Amendments so printed shall be considered as read. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and report the 
bill to the House with such amendments as may have been adopted. Any Member may 
demand a separate vote in the House on any amendment adopted in the Committee of 
the Whole to the bill or to the committee amendment in the nature of a 
substitute. The previous question shall be considered as ordered on the bill and 
amendments thereto to final passage without intervening motion except one motion 
to recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
IV

105TH CONGRESS

1ST SESSION H. RES. 204

Expressing the sense of the House of Representatives that a postage stamp

should be issued in honor of Samantha Smith.

IN THE HOUSE OF REPRESENTATIVES

JULY 30, 1997

Mr. BALDACCI submitted the following resolution; which was referred to the

Committee on Government Reform and Oversight

RESOLUTION

Expressing the sense of the House of Representatives that

a postage stamp should be issued in honor of Samantha

Smith.

1 Resolved, That it is the sense of the House of Rep2 resentatives that—

3 (1) a postage stamp should be issued in honor

4 of Samantha Smith; and

5 (2) the Citizens’ Stamp Advisory Committee

6 should recommend to the Postmaster General that

7 such a stamp be issued.

Æ
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 141 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 141

      Waiving clause 2(b) of rule XXII to permit introduction and 
                    consideration of a certain bill.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 1997

Mr. Yates submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
      Waiving clause 2(b) of rule XXII to permit introduction and 
                    consideration of a certain bill.

    Resolved, That notwithstanding the provisions of clause 2(b) of 
rule XXII, Representative Yates of Illinois is hereby authorized to 
introduce, and the House may consider, a bill to amend section 6103 of 
title 5, United States Code, to establish Presidents' Day in honor of 
George Washington, Abraham Lincoln, and Franklin Roosevelt.
                                 <all>
```
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**Exhibit 23.1**

**Consent ofIndependent Registered Public Accounting Firm**

We consent to theincorporation by reference in the Registration Statements (Form S-3 No. 333-126938and No. 333-128013) and in the related Prospectuses and theRegistration Statement (Form S-8 No. 333-121051)pertaining to the Gramercy Capital Corp. Equity Incentive Plan of our reportsdated February 28, 2007 with respect to the consolidated financialstatements and schedule of Gramercy Capital Corp., Gramercy Capital Corp.management’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reportingof Gramercy Capital Corp., included in this Annual Report (Form 10-K/A)for the year ended December 31, 2006.

/s/ Ernst and Young LLP

New York, New YorkMarch 1, 2007

----
#### H. Fitch *v.*Dunn, Marshal, &c.

If goods, seized hy the marshal of an incorporated town by virtue of a legal precept, be unlawfully taken out of his possession, he can support an action of replevin for them against the wrong-doer.

The defendant in replevin pleaded three pleas in bar: a replication to one of them was demurred to, and the demurrer overruled. *Held,*that, whilst the other pleas were undisposed of, the plaintiff could not have final judgment.

ERROR to the *Dearborn*Circuit Court.

Blackford, J.

This was an action of replevin by Dunn, marshal of the town of *Lawrenceburgh,*against Fitch, for taking an ox-cart, &c. The defendant pleaded three pleas in bar:— 1st, the general issue of *non cepit;*2dly, property in himself and C. *Fitch;*3dly, that the plaintiff was not marshal, &c.

*143*D. J.*Caswell, for the plaintiff.

*G. H. Dunn,*for the defendant.

To the 2d plea, the plaintiff replied specially as follows: that the president, &c. of Lawrenceburgh, having authority, &c. caused to be issued a duplicate of an assessment of the lots, &c. together with the amount of taxes assessed, &c.; and also caused to be issued a warrant, &c. directed to the plaintiff as marshal of the town, commanding him to collect the taxes, &c.; that, on, &c. the plaintiff was marshal of the town, &c.; that the defendant and C. *Fitch*stood charged, &c.; and that the plaintiff, by virtue of the duplicate, &c. took the cart to satisfy the taxes, &c. A general demurrer was filed to this replication. The Circuit Court overruled the demurrer, and rendered a final judgment against the defendant for nominal damages and the costs of suit.

The plaintiff in error has not pointed out any' particular objection to the replication demurred to. It appears to us to be good. The marshal in this case, like a sheriff who has taken goods on execution, has a sufficient property to maintain the action of replevin. But the overruling of the demurrer to this replication to the second plea, did not settle the case against the defendant. It only disposed of the second plea. There were two other pleas in bar filed by the defendant. It was necessary that they also should be disposed of, before the plaintiff could have final judgment. The final judgment, in this case, is therefore erroneous, and must be reversed.

*Per Curiam.*

The judgment is reversed with costs. Cause remanded, &c.
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Page 64840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25875]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Notice of Permits Issued Under the Antarctic Conservation Act of 
1978

AGENCY: National Science Foundation.

ACTION: Notice of permits issued under the Antarctic Conservation of 
1978, Public Law 95-541.

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

SUMMARY: The National Science Foundation (NSF) is required to publish 
notice of permits issued under the Antarctic Conservation Act of 1978. 
This is the required notice.

FOR FURTHER INFORMATION CONTACT: Li Ling Hamady, ACA Permit Officer, 
Division of Polar Programs, Rm. 755, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230. Or by email: <a href="/cdn-cgi/l/email-protection#511012102134233c382522113f22377f363e27"><span class="__cf_email__" data-cfemail="f7b6b4b68792859a9e8384b7998491d9909881">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On September 24, 2014 the National Science 
Foundation published a notice in the Federal Register of a permit 
application received. The permit was issued on October 27, 2014 to: Dr. 
Mike Polito, Permit No. 2015-008.

Nadene G. Kennedy,
Polar Coordination Specialist, Division of Polar Programs.
[FR Doc. 2014-25875 Filed 10-30-14; 8:45 am]
BILLING CODE 7555-01-P


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