alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF MONMOUTH CAPITAL CORPORATION AS OF AND FOR THE
YEAR ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         207,943
<SECURITIES>                                 3,073,907
<RECEIVABLES>                                2,635,402
<ALLOWANCES>                                         0
<INVENTORY>                                  2,750,941
<CURRENT-ASSETS>                             6,310,242
<PP&E>                                         457,256
<DEPRECIATION>                                  99,268
<TOTAL-ASSETS>                               9,068,788
<CURRENT-LIABILITIES>                        3,724,516
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,522,280
<OTHER-SE>                                   3,751,599
<TOTAL-LIABILITY-AND-EQUITY>                 9,068,788
<SALES>                                      4,759,648
<TOTAL-REVENUES>                             5,699,335
<CGS>                                        3,974,912
<TOTAL-COSTS>                                  915,723
<OTHER-EXPENSES>                               641,991
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             152,509
<INCOME-PRETAX>                                 14,200
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             14,200
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,200
<EPS-BASIC>                                      .01
<EPS-DILUTED>                                      .01



</TABLE>
EX-10.1



 Exhibit 10.1 
  





 
 April 3, 2015 
 Lisa
Marchese 
 4575 Dean Martin Dr.
 Apartment 602 

Las Vegas, NV 89109 

        RE:     SECOND LETTER AMENDMENT TO EMPLOYMENT AGREEMENT 

Dear Lisa: 
 Reference is made to that certain
Employment Agreement dated as of January 1, 2012, (as amended, the “Agreement”), by and between Nevada Property 1 LLC (“Employer”), and Lisa Marchese (“Executive”). All capitalized terms used but not otherwise
defined herein shall have the meanings ascribed to them in the Agreement. 
 Employer and Executive have agreed to amend certain provisions of the Agreement
by this letter amendment (this “Second Amendment”). In particular, the parties hereby acknowledge and agree the Specified Term of the Agreement is hereby further extended for a period of sixty (60) days, expiring on June 3, 2015.

 Except as expressly modified by this Second Amendment, the terms of the Agreement remain in full force and effect, unmodified. 

 

									
	NEVADA PROPERTY 1 LLC				EXECUTIVE
					
	By:		 /S/ William P. McBeath
				By:		 /S/ Lisa Marchese

			Name: William P. McBeath						Name: Lisa Marchese
			Title: Chief Marketing Officer						Title: Chief Marketing Officer

  

									
	By:		 /s/ Anthony J. Pearl
						
			Name: Anthony J. Pearl						
			Title: General Counsel and Chief Compliance Officer
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

GIFT OF LIFE ADOPTIONS, )

)

Petitioner, )

)

v. ) Case No. 2D19-2040

)

B.N., )

)

Respondent. )

___________________________________)

Opinion filed November 27, 2019.

Petition for Writ of Certiorari to the Circuit 

Court for Pinellas County; Myriam Irizarry, 

Acting Circuit Court Judge.

Timothy M. Beasley, Pinellas Park, for 

Petitioner.

Ita M. Neymotin, Regional Counsel, Second 

District, and David C. Chafin, Assistant 

Regional Counsel, Office of Criminal 

Conflict and Civil Regional Counsel, 

Clearwater, for Respondent.

PER CURIAM.

Dismissed. 

KHOUZAM, C.J., and SALARIO and ROTHSTEIN-YOUAKIM, JJ., Concur.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 14, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-51054

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ABEL GARCIA-PEREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:04-CR-663-1

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

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Abel Garcia-Perez

raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that a prior

conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and

not a separate criminal offense. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
N OTE : This order is nonprecedential. 

# United States Court of Appeals **for the Federal Ci r**  **cuit**

__________________________ ROBERT DONNELL DONAL DSON , Petitioner ,
v. DEPARTMENT OF HOMELA ND SECURITY , Respondent

.

__________________________ 2012

- 3160

__________________________ Petition for review of the Merit Systems Protection Board in N o. DA333011 0 862 -I- 2.

--------------------------------------------------------------------------- ROBERT DONNELL DONAL DSON , Petitioner ,
v. MERIT SYSTEMS PROTEC TION BOARD , Responde nt,
AND DEPARTMENT OF HOMELA ND SECURITY , Intervenor

.

__________________________ Case: 12-3161 Document: 47 Page: 1 Filed: 05/10/2013ROBERT DONALDSON v. DHS 2 2012

- 3161

__________________________ Petition for review of the Merit Systems Protection Board in N o. DC1221120087 -W- 1.

__________________________ ON MOTION

__________________________ O R D E R The Department of Homeland Security moves for leave to file corrected informal response briefs in the above

- captioned appeals to correct an erroneous factual statement. Robert Donnell Donaldson opposes. Upon consideration thereof, I T I S O RDERED T HAT : The motion s for leave to file corrected informal r esponse briefs are granted.
F OR T HE C OURT
/s/ Jan Horbaly Jan Horbaly Clerk

s 21 Case: 12-3161 Document: 47 Page: 2 Filed: 05/10/2013
EXHIBIT 99.3


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  Monmouth   Capital
Corporation (the  "Company")  on  Form 10-K for  the  period
ending  December  31, 2002  as filed with the Securities and
Exchange Commission  on  the  date hereof (the "Report"), I,
Eugene  W. Landy, Chief Executive Officer  of  the  Company,
certify, pursuant to 18 U.S.C.  1350, as adopted pursuant to
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 result of operations of the Company.



/s/  Eugene W. Landy


Eugene W. Landy
Chief Executive Officer
March 16, 2003


A  signed  original of  this  written  statement  required by
Section 906 has been provided to Monmouth Capital Corporation
and  will be  retained  by  Monmouth Capital  Corporation and
furnished to  the  Securities  and Exchange Commission or its
staff upon request.
Study of Proposed Internet 

Congestion Control Mechanisms 

Kevin L. Mills 

James J. Filliben 

Dong Yeon Cho 

Edward Schwartz 

Daniel Genin 

 

NIST Special Publication 500-282

 

NIST Special Publication 500-282

Study of Proposed Internet 

Congestion Control Mechanisms 

 Kevin L. Mills 

James J. Filliben 

Dong Yeon Cho 

Edward Schwartz 

Daniel Genin 

Information Technology Laboratory

May 2010 

U.S. Department of Commerce 

Gary Locke, Secretary 

National Institute of Standards and Technology 

Patrick Gallagher, Director 
Certain commercial entities, equipment, or materials may be identified in this 

document in order to describe an experimental procedure or concept adequately. Such 

identification is not intended to imply recommendation or endorsement by the 

National Institute of Standards and Technology, nor is it intended to imply that the 

entities, materials, or equipment are necessarily the best available for the purpose. 

National Institute of Standards and Technology Special Publication 500-282 

Natl. Inst. Stand. Technol. Spec. Publ. 500-282, 534 pages (May 2010) 

CODEN: NSPUE2 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON: 2010

_________________________________________ 

For sale by the Superintendent of Documents, U.S. Government Printing Office 

Internet: bookstore.gpo.gov — Phone: (202) 512-1800 — Fax: (202) 512-2250 

Mail: Stop SSOP, Washington, DC 20402-0001
I 

108TH CONGRESS 

2D SESSION H. R. 4751 

To redesignate the Rio Grande American Canal in El Paso, Texas, as the 

‘‘Travis C. Johnson Canal’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2004 

Mr. REYES (for himself, Mr. BELL, Mr. BRADY of Texas, Mr. DOGGETT, Mr. 

EDWARDS, Mr. FROST, Mr. GONZALEZ, Mr. GREEN of Texas, Mr. HALL, 

Mr. HINOJOSA, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LAMPSON, Mr. ORTIZ, Mr. RODRIGUEZ, Mr. SANDLIN, 

Mr. SESSIONS, Mr. STENHOLM, and Mr. TURNER of Texas) introduced 

the following bill; which was referred to the Committee on Resources 

A BILL 

To redesignate the Rio Grande American Canal in El Paso, 

Texas, as the ‘‘Travis C. Johnson Canal’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REDESIGNATION. 

4 The canal located in El Paso, Texas, constructed as 

5 part of the Rio Grande canalization project under the Act 

6 entitled ‘‘An Act authorizing construction, operation, and 

7 maintenance of Rio Grande canalization project and au8 thorizing appropriation for that purpose’’, approved June 
2 

•HR 4751 IH 

1 4, 1936 (49 Stat. 1463), and known as the ‘‘Rio Grande 

2 American Canal’’ shall be redesignated and known as the 

3 ‘‘Travis C. Johnson Canal’’. 

4 SEC. 2. REFERENCES. 

5 Any reference in a law, map, regulation, document, 

6 paper, or other record of the United States to the canal 

7 referred to in section 1 shall be deemed to be a reference 

8 to the ‘‘Travis C. Johnson Canal’’. 

Æ
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00175-CV

Mote Resources, Inc. and John 

Phillip Mote

v.

Charles T. Gardner and Janice Marie 

Gardner

§

§

§

§

From the 271st District Court

of Wise County (CV11-06-491)

November 14, 2013

Opinion by Chief Justice Livingston

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was error in part of the trial court’s judgment. We reverse the trial court’s 

judgment to the extent that it (1) finds that appellant John Phillip Mote individually 

breached the Settlement Agreement, (2) grants appellees Charles T. Gardner 

and Janice Marie Gardner the remedy of specific performance of the Settlement 

Agreement as to John Phillip Mote individually, (3) declares the lease released 

as to appellant Mote Resources, Inc., (4) quiets title as to any claim by Mote 

Resources, Inc., and (5) awards Charles T. Gardner and Janice Marie Gardner 

attorney’s fees against John Phillip Mote individually. We affirm the remainder of 

the trial court’s judgment.
2-12-0075-CV

JUDGMENT

Page 2

We remand this case to the trial court for further proceedings consistent 

with this opinion as to appellees’ remaining pending claims against John Phillip 

Mote individually.

It is further ordered that appellant Mote Resources, Inc. shall pay all of the 

costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By _________________________________

 Chief Justice Terrie Livingston
Exhibit 10.1


 


AMENDMENT
TO EMPLOYMENT AGREEMENT


 


Amendment
dated as of May 12, 2015 (this “Amendment”) to the Employment Agreement (the “Agreement”)
made effective as of January 1, 2014 between Landmark Bancorp, Inc., a Delaware
corporation (the “Company”), Landmark National Bank, a
Kansas chartered bank with its main office located in Manhattan, Kansas, (the “Bank”) and Patrick L. Alexander
(the “Executive”). Capitalized terms not defined in this Amendment shall have the meanings ascribed to them
in the Agreement.


 


Witnesseth:


 


Whereas,
Executive is currently employed as Executive Chairman of the Company and Executive Chairman of the Bank pursuant to that certain
employment agreement, dated January 1, 2014, among the Company, the Bank, and Executive (the “Parties”);


 


Whereas,
pursuant to Section 17 of the Agreement, the terms of the Agreement may be modified by written agreement signed by the Parties;
and


 


Whereas,
the Parties mutually agree to reduce Executive’s salary and desire to amend Section 3(a) of the Agreement, as hereinafter
provided.


 


Now
Therefore, in consideration of the mutual promises herein contained and other good and valuable consideration,
the receipt of which hereby is acknowledged, the parties hereto agree as follows:


 


1.             Section 3(a)
of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:


 


“(a)             Effective
January 1, 2015, Executive shall be paid a base salary at an annual rate of $190,000 (the “Annual Base Salary”),
which shall be payable in accordance with the normal payroll practices of the Company then in effect. Each year during the Employment
Period, Executive’s Annual Base Salary shall be reviewed by the Board, and following such review, may be adjusted.”


 


2.             Except as set
forth in this Amendment, each and every provision of the Agreement in effect on the date hereof shall remain in full force and
effect.


 




    	 



    	 



    

 


IN WITNESS WHEREOF,
this Amendment has been duly executed as of the day and year first above written by the Company, the Bank, and the Executive.


 


	 	LANDMARK BANCORP, INC.
	 	 	 
	 	By:	/s/ Michael E. Scheopner



 


	 	Print Name:	Michael E. Scheopner



 


	 	Title: President and Chief Executive Officer______________
	 	 	 
	 	LANDMARK NATIONAL BANK
	 	 	 
	 	By:	/s/ Michael E. Scheopner



 


	 	Print Name:	Michael E. Scheopner



 


	 	Title: President and Chief Executive Officer______________
	 	 	 
	 	Patrick L. Alexander
	 	 	 
	 	By:	/s/ Patrick L. Alexander
Exhibit 10.8


NORTHERN TECHNOLOGIES INTERNATIONAL CORPORATION


DESCRIPTION OF EXECUTIVE OFFICER
 COMPENSATION ARRANGEMENTS


The following is a description of oral compensation arrangements between Northern Technologies International Corporation and the following executive officers of NTIC:

	
  
Name of
   Executive
   Officer
  	
   
 	
  
Title
  	
   
 	
  
Base
   Salary
  	
   
 	
  
Bonus
   Arrangements
  	
   
 	
  
Stock 
   Options
  	
   
 	
  
Other
  
	
  


  	
   
  	
  


  	
  
 
  	
  


  	
  
 
  	
  


  	
  
 
  	
  


  	
  
 
  	
  


  
	
  
G. Patrick Lynch
  	
  
 
  	
  
President and Chief   Operating Officer
  	
  
 
  	
  
$180,000 per year. See footnote (1) below
  	
  
 
  	
  
See footnote (2) below
  	
  
 
  	
  
Stock options to purchase   shares of NTIC common stock are granted from time to time in the sole   discretion of the NTIC Board of Directors.
  	
  
 
  	
  
Under NTIC’s 401(k) Plan, participants, including   executive officers, may voluntarily request that NTIC reduce pre-tax   compensation by up to 15% (subject to certain special limitations) and   contribute such amounts to a trust. NTIC contributed an amount equal to 3.5%   of the amount that each participant contributed under this plan.
  
	
   
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
Executive officers receive   other benefits received by other NTIC employees, including health, dental and   life insurance benefits.
  
	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  
	
  Dr. Donald Kubik
  	
  
 
  	
  
Vice Chairman and Chief   Technology Officer
  	
  
 
  	
  
$160,000 per year. See footnote (1) below
  	
  
 
  	
  
See footnote (2) below
  	
  
 
  	
  
See above
  	
  
 
  	
  
See above
  
	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  	
  
 
  
	
  
Matthew C. Wolsfeld
  	
  
 
  	
  
Chief Financial Officer   and Secretary
  	
  
 
  	
  
$135,000 per year. See footnote (1) below
  	
  
 
  	
  
See footnote (2) below
  	
  
 
  	
  
See above
  	
  
 
  	
  
See above
  





	
  


  
	
   
  	
  (1)
  	
  Annual base salaries for   NTIC’s executive officers are determined each year by NTIC’s Compensation   Committee.
  
	
   
  	
   
  	
   
  
	
   
  	
  (2)
  	
  Annual performance bonuses   for NTIC’s executive officers are determined each year by NTIC’s Compensation   Committee.
EXHIBIT 31.2

 

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Sue Briley, certify that:

 

1.     I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Ruby Tuesday, 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: October 4, 2017 |   | /s/ Sue Briley          |
|-----------------------|--------|-------------------------|
|                  |   | Sue Briley              |
|                  |   | Chief Financial Officer |
Exhibit 32.2
**Written Statement of the ChiefFinancial Officer****Pursuant to 18 U.S.C.§1350**
     Solely for the purposes of complying with 18 U.S.C. §1350, I, theundersigned Chief Financial Officer of Whitehall Limited, Inc. (the “Company”),hereby certify, based on my knowledge, that the Quarterly Report on Form 10-QSBof the Company for the quarter ended June 30, 2004 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
*/s/ Kay Carter*
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals** 
**for the Federal Circuit**

______________________

IN RE AFFINITY LABS OF TEXAS, LLC

______________________

2013

- 1393

______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination No. 95/001,263.

______________________

JUDGMENT

______________________

C YRUS A. M ORTON

, Robins, Kaplan, Miller, and Ciresi, L.L.P., of Minneapolis, Minnesota, argued for appellant.
Of counsel on the brief was T IMOTHY G. N EWMAN , Larson Newman, LLP, of Austin, Texas.

S COTT C. W EIDENFELLER

, Associate Solicitor

, Office of the Solicitor, Unit ed States Patent and Trademark Office, of Alexandria, Virginia, argued for intervenor Commi ssioner for Patents. With him on the brief were N ATHAN K.

K ELLEY , Acting Solicitor, and S TACY B. M ARGOLIES , Ass ociate Solicitor.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :P ER C URIAM (L OURIE

, D YK

, and W ALLACH

, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

January 9, 2014 /s/ Daniel E. O’Toole

Date Daniel E. O’Toole

Clerk of Court
#### Tippecanoe Township, Carroll County, *v.*Manlove, Receiver.

Mutual Insurance Company,—Receiver.—Assessment.—Embree *v.*Shideler, 36 Ind. 423, adhered to.

APPEAL from the Carroll Common Pleas.

Pettit, J.

The appellant sued the appellee, to collect,an assessment on a premium note given for three policies issued by the Farmers and Merchants’ Insurance Company. A demurrer, for want of sufficient facts, was overruled to the complaint.

This case presents the same questions as *Embree*v. *Shideler,*36 Ind. 423, and a number of similar cases decided since, but which are not reported; and a majority of the court hold that this must meet the same fate.

*250
      *C. R. Pollard, B. B. Daily,*and *D. B. Graham,*for appellant.

*J. R. Troxell*and *W. R. Manlove,*for appellee.

The judgment is reversed, at the costs of the appellee, with instructions to the court below to sustain the demurrer to the complaint.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)



In connection with the Quarterly Report on
Form 10-Q of Wells Real Estate Fund III, L.P. (the Registrant) for the quarterly period ended June 30, 2004, as filed with the Securities and Exchange Commission (the Report), the undersigned, Leo F. Wells, III, Chief
Executive Officer of the corporate General Partner of the Registrant, and Douglas P. Williams, Chief Financial Officer of the corporate General Partner of the Registrant, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C. 1350), that, to the best of our knowledge and belief:



| | (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 Registrant.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                         
|---------------------------------------------------------
|/s/    LEO F. WELLS, III                                 
|Leo F. Wells, III Chief Executive
Officer August 12, 2004





|                                                           
|-----------------------------------------------------------
|/s/    DOUGLAS P. WILLIAMS                                 
|Douglas P. Williams Chief Financial
Officer August 12, 2004
11372.

#### Hughes *v.*Dannenberg Company.

Decided October 13, 1920.

Complaint; from city court of Macon — Judge Guerry. January 30, 1920.

*Dasher & Mann,*for plaintiff.

*Hardeman, Jones, Park & Johnston, Richard Curd,*for defendant.

Jenkins, P. J.

The action of the trial judge in granting a second new trial to the defendant, not on account of the verdict rendered but on account of error committed by himself, will not be disturbed, because the charge of the court was in some respects erroneous and in other respects confusing; and, since the verdict, though authorized, was not demanded, the rights of defendant may have been thus prejudiced.

*Judgment affirmed.*

*Stephens and Smith, JJ., concur.*