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Justia › US Law › Case Law › Montana Case Law › Montana Supreme Court Decisions › 1957 › State v. McLeod
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State v. McLeod
311 P.2d 400 (1957)
131 Mont. 478
The STATE of Montana, Plaintiff and Respondent, v. Laurence A. McLEOD, Defendant and Appellant.
No. 9718.
Supreme Court of Montana.
Submitted February 27, 1957.
Decided May 9, 1957.
Rehearing Denied May 27, 1957.
*402 Mr. Edward T. Dussault, Missoula, for appellant.
Mr. Arnold H. Olsen, former Atty. Gen., Mr. Forrest H. Anderson, Atty. Gen., Mr. Louis Forsell, Mr. Gordon R. Bennett, Asst. Attys. Gen., Mr. J.A. Turnage, County Atty., Polson, for respondent.
BOTTOMLY, Justice.
This is an appeal by defendant, Laurence A. McLeod, from the judgment of conviction of assault in the first degree, and the order denying defendant's motion for a new trial.
An information was filed, on April 16, 1956, in the district court of the fourth judicial district of the State of Montana, in and for the County of Lake, by the county attorney thereof, charging the defendant with the crime of assault in the first degree, and therein attempting to charge defendant with prior convictions.
April 24, 1956, a demurrer was filed by defendant's attorney challenging the sufficiency of the information, and on the same day the demurrer was argued and by the court sustained.
The court granted time to the county attorney to file an amended information, which amended information was duly filed and served the same day, April 24, 1956. A demurrer thereto was argued and denied by the court. The defendant, by his counsel, stated he was ready to plead, at which time he was arraigned and entered his plea of "not guilty."
The court then set the case for trial on May 7, 1956, and set the bail bond at $25,000. Defendant's attorney made a formal request for reduction of bail to $10,000. The request was denied by the court.
May 1, 1956, defendant moved the court to vacate the setting of the trial of the cause on May 7, 1956, and to continue the same over the jury term commencing May 7, 1956. In support of his motion, affidavits of defendant and his attorney were filed, which affidavits, inter alia, recited that defendant is in jail, not able to furnish the bail bond and cannot assist his counsel; that there are witnesses on the information that are not known to affiants and are scattered over a large territory; that attorney *403 for defendant is engaged in preparation of defense in trials in Missoula, and that he has private matters which need his attention, making it impossible for him to prepare the defense for defendant if said trial is had during the term of court commencing May 7, 1956.
On May 1, 1956, the motion for continuance was argued. The defendant, by his counsel, waived the statutory time in which to bring the matter to trial; and the court denied the motion for continuance.
It was then made known to the court that the victim of the alleged assault, Thomas Edward Pablo, was improving and apparently would live. The court then ordered the bail bond to be reduced to the sum of $7,500.
May 7, 1956, the cause came on regularly for trial at which time the county attorney moved the court for leave to endorse three additional witnesses' names to the information. Objection was interposed by defendant's attorney; the court granted the motion and directed the clerk of the court to endorse the three names on the information.
Defense then stated they were ready to proceed with the trial, and defendant by his counsel then moved to dismiss the amended information for the reasons stated in his motion. The court denied the motion. Defendant by his counsel then moved for exclusion of witnesses, which motion was also denied by the court.
Trial was had, the jury found the defendant guilty of assault in the first degree, and left his punishment to be fixed by the court. The court imposed sentence by imprisonment in the state prison for a term of eighteen years.
This prosecution arose out of the following facts and circumstances:
The state's witness, Roy J. Kuntz, testified, inter alia, as follows: That he resided at St. Ignatius, was in the Mint Bar at Ronan on April 10, 1956; that he was acquainted with the defendant, Laurence A. McLeod, whom he met there in the Mint Bar, and also present in the bar were Alice Curley and Lucy Pluffe.
The witness Kuntz had his 1950 Chevrolet car, which was light and dark green in color. About 2:30 or 3:00 p.m., Kuntz, the defendant, Laurence A. McLeod, and the two girls, Lucy Pluffe and Alice Curley, left Ronan for Polson in Kuntz' Chevrolet. The defendant had a truck which he parked at the Valley Club before leaving Ronan with Kuntz and the girls. At this time, defendant removed a gun from his truck which he took with him in Kuntz' car to Polson.
The witness Kuntz identified state's exhibit four as the gun or pistol defendant took from the truck and carried to Polson. The gun was in the glove compartment at one time and also in the back of the Kuntz car. After Kuntz, McLeod and the girls arrived at Polson, and before Kuntz and McLeod went into the Turf Bar, Kuntz handed the gun to McLeod, which was removed from the back window ledge of his Chevrolet.
After leaving Ronan and on their arrival at Polson, the four were together off and on until about 11:00 p.m., the evening of April 10, 1956. They visited different bars and wound up at the Turf Bar about 11:00 that night. There were several people present in the Turf Bar at that time, and there was a great deal of talking and arguing. Among those present in the Turf at that time were Roy J. Kuntz, the defendant, Laurence A. McLeod, Alfred Roullier, Thomas Edward Pablo, Dennie J. Harrington, Richard Couture, Donald Grant, Alice Curley, Marlin Noble, cook in the Turf kitchen, and Irene Morengo, barmaid in the Turf Bar.
Kuntz and McLeod were arguing first with Alice Curley and then with Thomas E. Pablo. No one seemed to know what they were arguing about other than Kuntz kept insisting he wanted to fight Pablo. Irene Morengo called the cook, Marlin Noble, and the group was ordered out of the bar. The crowd then proceed to the *404 alley where Kuntz started fighting with Pablo whom he knocked down. Richard Couture, a returned war veteran, started to help Pablo up, at which time Kuntz then began fighting Couture. Kuntz then called out, "Get the gun," or "Get the gun and shoot him." McLeod produced a gun and shot Pablo who slumped down, and as he did so, McLeod shot him again. He then swung his gun, which was an automatic, on the crowd and said: "If anyone else wants any of this, step out," or words to that effect. Kuntz and McLeod then ran down the alley; Pablo was taken at once to the hospital by Couture and others, and Dr. Ward E. Benkelman was summoned.
Dr. Benkleman testified, inter alia, that when he reached the hospital, Pablo was in shock; he had two or three wounds from which the blood was spurting; that he was placed in surgery and given dextrose; that he had two bullet wounds, one below the xiphoid process at the pit of the gut, the other below and a little to the outside of the right nipple, and that there was a hole below the shoulder blade where it appeared a bullet had passed out. The posterior wounds were bleeding the most. Two missiles had gone completely through the body, one had pierced the lower lobe of the liver, causing a large laceration. The loose pieces of the liver were cleaned out, and a large piece of liver that was hanging down was sutured back in place, and the whole area was cleaned out.
Dr. Benkelman further testified that the reason for the exploratory operation was to determine if there was any perforation in the gut; that one of the bullets had gone through the lung and the hemorrhage was profuse; that Pablo was his patient and he was of the opinion that his presence at the trial might endanger his life as he had been running a high temperature and he was worried about it; that an abscess which had formed at the exit of one of the bullet wounds had broken and was draining; that infection might develop that would endanger his life, and that he believed it would be a gamble for Pablo to attend the trial.
One of the states witnesses was Donald Grant who testified, inter alia, that he was a married man majoring in economics at Bozeman during the winter quarter; that he was in the Model Bar at Polson the evening of April 10, 1956, where he met the defendant McLeod; that he had a conversation with him, at which time he told Grant he had a gun and if anybody fooled with him he wasn't afraid to use it. Later that evening, about 11:00 o'clock, Grant was in the Turf Bar and talked to Alfred Roullier, an employee of J. Neils Lumber Co., and also to Dennie J. Harrington. Grant further testified that Kuntz, McLeod and Pablo were also there when the argument started; that Kuntz wanted to fight Pablo, and that about that time he and everyone went out into the alley to witness the fight that was brewing; that when he reached the alley Kuntz and Pablo were fighting; that Kuntz knocked Pablo down; Kuntz then started fighting with Couture; that he heard a shot, turned around and saw that McLeod had a gun which he fired again, hitting Pablo; that Pablo cried out that he had been hit and sank to the ground. McLeod then pointed the gun around and asked "If anybody else wanted any of this?" He further stated that Kuntz and McLeod then took off down the alley and Couture took Pablo to the hospital. The state's witnesses, Alfred Roullier and Dennie J. Harrington, testified substantially to the same facts.
Charles P. Cole, witness for the state, testified, inter alia, that he lives at Pablo, Montana; that around midnight or shortly thereafter on April 10, 1956, he was in the Mint Bar in Ronan, Montana; that he was talking to the bartender when the defendant McLeod and Kuntz came in. Cole stated: "McLeod wanted me to give him $5.00 and I said I didn't have any money on me and asked him what was wrong, and he said `I just shot a man.' I didn't know whether it was true or not."
Victor Dale Warren, bartender at the Mint Bar in Ronan, also testified, inter alia, that about midnight of April 10, 1956, while he was tending bar, the defendant *405 Laurence A. McLeod came into the Mint and "asked me to loan him some money. I told him I couldn't loan him any. * * * He said he had to get out of town because he had been in a shooting scrape." He also testified that Kuntz was in the bar with defendant.
Joe Day, deputy sheriff of Missoula County, testified, inter alia, that he had been alerted with regard to the alleged shooting, and had been informed that the defendant McLeod was suspected as the perpetrator thereof; that McLeod had left Ronan in a 1950 model Chevrolet car headed toward Missoula. Day then alerted the highway patrol and in the early hours of April 11, 1956, a road block to stop the automobile was set up by the highway patrol at the port of entry, west of Missoula. Day then proceeded up the highway going toward Ronan. At Evaro he spotted the said automobile which was traveling toward Missoula. Day followed the car to the port of entry where the car was stopped by patrolman E.D. Allen, in the presence of deputy Day.
Allen testified that the defendant was driving the automobile; that he came out from behind the wheel with his hands up, and said "I'm clean" and was arrested. In the automobile with defendant was Kuntz and the woman Pluffe. Allen then took from the glove compartment of said Chevrolet a Beretta automatic pistol, caliber .380. Allen turned this automatic over to Joe Day, and each scratched his mark on it. This pistol was identified at the trial by Kuntz as the gun or pistol the defendant had taken from his truck on April 10, 1956, at Ronan and placed in Kuntz' Chevrolet before they went to Polson. Kuntz also identified it as the pistol or revolver he had handed to defendant before they went into the Turf Bar in Polson the evening of April 10, 1956. At the time of the arrest of defendant by Allen, he found that the Beretta automatic pistol was cocked, had a live shell in the firing chamber, and live ammunition in the clip.
Francis R. Kis, a policeman of the city of Polson, testified, inter alia, that he heard the two shots fired the night of April 10, 1956. He arrived on the scene shortly thereafter and helped get Pablo to the hospital. He returned to the scene of the crime and found two empty shell casings, caliber .380. They corresponded to the live ammunition casings which were in the Beretta automatic pistol. All of the shells were marked the same way "Western .380 auto."
Sheriff Bill Graham of Lake County, on the early morning of April 11, 1956, went to Missoula with his undersheriff Schwarz, and returned defendant to the Lake County jail. Sheriff Graham testified:
"Q. Now, directing your attention to the evening of April 10, 1956, did you see the defendant, either that evening or during the early morning hours of the 11th of April, 1956? A. I seen him during the early hours of the 11th. "Q. Would you tell us where you first saw him that day? A. I first seen him in the sheriff's office at Missoula. "Q. Was he in custody? A. Yes, he was. "Q. Did you as sheriff of Lake County, take possession of the defendant? A. I did. "Q. What did you then do with him? A. Returned him to Polson. "Q. Were you alone? A. I had my undersheriff Schwarz with me. "Q. Who else was in the car? A. Laurence McLeod. "Q. On the trip home and in your presence and in the presence of Mr. Schwarz did the defendant make any statement to you? A. He did. "Q. What did he say? A. He first asked how Pablo was. I told him he was still alive. He said, `That sure takes a lot off my mind'. He said, `I didn't have anything against Pablo. Roullier is the one that should have *406 been shot. He's the one that started all the trouble'. "Q. Is that about the sum and substance of the conversation? A. That's about the size of it."
We have gone into the testimony and evidence at great length because of defendant's strenuous argument that the evidence was not sufficient to sustain the verdict. The court did not err in denying defendant's motion for a new trial for insufficiency of the evidence to sustain the verdict or the judgment.
Defendant assigns error in that the trial court overruled defendant's demurrer to the amended information and in overruling defendant's objection to the introduction of evidence and his motion to dismiss the information. There is no merit in these contentions. The amended information complies with the requirements of R.C.M. 1947, sections 94-6401, 94-6403, 94-6404, 94-6405 and 94-6412.
Defendant next contends that the essence of the crime as charged, of assault in the first degree, is the intent to kill; that there was no evidence on behalf of the state, showing any threat against Pablo by the defendant, or his intention to shoot the gun in question and evidence of any trouble between them; that there was no evidence that defendant wanted to hurt Pablo, nor did the state introduce any motive defendant might have had in the shooting; that for these reasons the prosecution should fail and the judgment of the district court should be reversed.
The record discloses abundant evidence to justify the verdict and to prove an intent to commit the crime with which the defendant is charged.
There have been volumes written on the statutory requirements of "Criminal Intent" as an element to be proved. In People v. Haxer, 144 Mich. 575, 108 N.W. 90, 91, the court said: "Intent is a mental attitude made known by acts."
The intent may be inferred from all the facts, the character of the assault, the use of a deadly weapon and that the natural, necessary and even probable consequences were intended.
The intent to do what is done with a free mind imports a criminal intent if the act is criminal. The act speaks for itself.
In criminal law "intent" means a state of mind which willingly consents to the act that is done, or free will choice, or volition in the doing of the act. It means the act is voluntary, that it proceeds from a mind free to act.
It has been said that the term "voluntary act" does not describe the mental element required in crime but describes the act. This however is academic quibbling in an effort, at times, to substitute some new term in place of an old well-established one, by calling attention to what, in the old phrase, is obviously a mere technicality in its verbal or grammatical construction.
The mental elements of different crimes differ widely, but all crimes where intent is a necessary element have one mental element in common, they must be voluntary, that is, must proceed from the will, from a mind free to act. It is in that sense that a criminal act may be properly said to be done with design, purpose or intent. The intent to do what is done imports a criminal intent if the act is criminal, and if this act is voluntarily done the intent to do the act is present, and it constitutes a criminal intent. See Burdick, Law of Crime, vol. 1, section 113, page 126; Bishop's New Criminal Law, section 300, page 171, section 343, page 203.
It is the general rule in criminal cases that every presumption in favor of the defendant's innocence shall be indulged until the evidence establishes his guilt beyond a reasonable doubt.
Here the evidence is undisputed that the defendant shot Thomas Pablo twice, critically wounding him. The repeated shooting into the vital parts of the body of a live human being with a deadly weapon is evidence that the gun was used *407 intentionally and deliberately and demonstrates the intent to kill. With this fact established the law presumes that the defendant was sane at the time he committed the act; that defendant committed the unlawful act with an unlawful intent, and that defendant intended the ordinary consequences of his voluntary act. R.C.M. 1947, section 93-1301-7, subds. 1, 2 and 3. These are rebuttable presumptions. However, as here where no evidence in explanation of, or reasons are given or presented for the unlawful act or acts, the jury may consider the same along with all other evidence in the case, and in passing on the guilt or innocence of the accused the jury must determine the intent, and the jury's conclusions must be considered as final on the issue, where as here the evidence is sufficient.
Defendant complains of the introduction of the gun, the clip and the cartridges therein, also the empty shell casings found at the scene of the shooting immediately thereafter.
It has been held repeatedly that it is relevant to show that after the commission of the crime, the defendant had a weapon of the same kind as that with which the crime had been committed as well as cartridges or shells which fitted the defendant's gun, or empty containers or shells of the same kind used in the commission of the crime, and that it is relevant for a witness to identify the weapon used as belonging to the defendant. See Wharton's Criminal Evidence, vol. 1, section 203, page 408, and cases therein cited. There was no error in the admission of said exhibits.
The defendant predicates error on the court allowing additional names to be endorsed on the information. This contention is foreclosed by the decisions of this court. See State v. Schnepel, 23 Mont. 523, 59 Pac. 927; State v. McDonald, 51 Mont. 1, 149 Pac. 279; State v. Akers, 106 Mont. 43, 74 Pac. (2d) 1138; State v. Gaffney, 106 Mont. 310, 77 Pac. (2d) 398. Likewise defendant's contention that the court erred in refusing to vacate the setting of the trial has been by this court, under similar circumstances, decided adversely to defendant's contention. Compare State v. Showen, 60 Mont. 474, 199 Pac. 917; State v. Kocher, 112 Mont. 511, 119 Pac. (2d) 35.
We cannot say in this case that the court erred in refusing to grant defendant's motion for postponement or continuance over the term. The trial judge did not abuse his discretion in denying defendant's application for continuance under the facts in this case. The Constitution and statutes demand a speedy trial. Defendant had more than the statutory time in which to prepare for trial. R.C.M. 1947, section 94-7008.
Defendant contends that the court erred in refusing his motion to reduce bail which was initially set at $25,000. The Constitution provides that all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. Mont. Const. Art. III, section 19; R.C.M. 1947, section 94-8506.
Section 20 of article III provides that excessive bail shall not be required, or cruel and unusual punishments inflicted.
The amount of bail which the judge may fix is within his sound legal discretion, and is always to be a reasonable amount. The trial judge in determining the amount of bail to be fixed, should take into consideration the enormity of the crime charged; the maximum penalty which the law authorizes; the pecuniary condition of the defendant; the probability of the defendant's flight to avoid punishment; his general character and reputation; the apparent nature and strength of the proof as bearing upon the probability of his conviction; and any other matters bearing upon the particular case.
It should be kept in mind in this case that at the time bail was initially fixed, the person assaulted was in a very precarious condition. It was not known whether he would live or die and if he died the defendant would be subject to a charge *408 of murder. The record discloses that as soon as the judge was advised that the person assaulted would probably live, he reduced the bail to $7,500 which in our opinion is a very reasonable amount under all the circumstances in this case.
The defendant may seek relief if and when bail is considered excessive by process for writ of habeas corpus. The trial judge did not abuse his discretion at the time of refusing to reduce the amount of bail under the circumstances at that time.
Defendant urges error in that the court imposed a sentence of imprisonment in the state prison for the term of eighteen years. This also was within the sound legal discretion of the trial judge.
The term fixed is within the statutory term for the offense of which the jury found the defendant guilty. It should be kept in mind that the defendant was charged in the same information with three prior felony convictions; that during the trial on the first day of the assault charge, the defendant pleaded guilty to the three prior felony convictions.
The judge committed no error in so fixing the penalty.
We call especial attention to the defendants contention that the court erred in refusing defendant's motion at the outset of the trial for the exclusion of the witnesses from the courtroom other than the witness on the stand.
There is no statute on the exclusion of witnesses at the trial in our Criminal Code. Yet, the Civil Code, R.C.M. 1947, section 93-1901-2, provides that: "If either party requires it, the judge may exclude from the courtroom any witness of the adverse party, not at the time under examination, so that he may not hear the testimony of other witnesses."
This section has been held to be applicable in criminal trials. See State v. McDonald, 51 Mont. 1, 149 Pac. 279; State v. Johnson, 62 Mont. 503, 205 Pac. 661; State v. Walsh, 72 Mont. 110, 232 Pac. 194.
We are of the opinion that this is a salutary provision, especially in felony cases in the aid of a fair trial to which every defendant is entitled.
While section 93-1901-2, supra, leaves the question of excluding the witnesses to the sound legal discretion of the trial judge where no prejudice is shown, the judge's refusal to exclude will not be disturbed on appeal. See State v. Walsh, supra. However, this is the first time it has been brought to our notice that a judge has refused absolutely the exclusion rule, especially where as here the county attorney informed the court that he had no objection to the exclusion of the witnesses. The general rule announced in the great majority of jurisdictions follows the early English rule that exclusion from the courtroom, or "putting witnesses under the rule" as the procedure is termed, is a matter not of right, but is within the sound legal discretion on the part of the trial judge. However, the exclusion of witnesses in a felony case is seldom denied when properly and timely requested. In many felony cases where the trial judge has refused a timely request supported by particular reasons in behalf of defendant for the exclusion of witnesses, and where the record on appeal demonstrates that the denial of such request has been prejudicial to the defendant, the reviewing court has not hesitated in reversing and remanding the case for a new trial. 32 A.L.R. (2d) 358; 53 Am. Jur., Trial, section 31, page 46. Each case presents different situations, and in any exclusion order the trial judge need not exclude all the witnesses.
In this case the trial judge gave as his principal reason for not excluding the witnesses that, "In this case, to exclude somewhere between 25 and more witnesses; no place to exclude them to, except out here, standing up in this little lobby, where they can all talk together and talk with witnesses on the other side. It would be far more likely to prejudice the defendant than to have them right here in court, where we *409 can watch them. So the motion to exclude all, or exclude all witnesses not under examination, is denied."
Under the facts in this case it is hard for us to understand the reason given by the trial judge as justifying his refusal of defendant's request for exclusion of witnesses. Surely the trial judge has excluded witnesses before in the same courthouse, and if the facilities furnished are not sufficient for the proper functioning of the court, it is his duty to see that such facilities are provided.
In any felony case, prejudice to the defendant may creep in because of the refusal of the trial judge on proper and timely application to exclude witnesses, and for that reason it is a dangerous procedure to refuse to put any of the witnesses under the rule of exclusion and thereby risk error. By the exclusion of witnesses, there is no denial of a defendant of his constitutional right to a public trial. Because of this assignment of error we have carefully examined all of the testimony of each of the many witnesses and we find that the state's witnesses each testified as individuals and some of the state's witnesses even disputed each other on some of the vital facts in the case, which demonstrated to our satisfaction that there was no evidence of any witness being under the influence of any other witness.
There was no prejudice of the defendant shown herein arising from the refusal of the trial judge to apply the rule of exclusion of witnesses. We restate that in our opinion the better practice especially in felony cases is to apply the customary and universal rule of exclusion when proper and timely request, supported by particular and well founded reasons, is made.
We have examined all of the specifications of error raised by the defendant. We are satisfied that no injustice was done the defendant who was energetically and well represented by counsel in every phase of the case, and that defendant had a fair trial. There is no prejudicial or reversible error. The judgment and orders of the trial court appealed from are affirmed.
HARRISON, C.J., and CASTLES, ANGSTMAN and ADAIR, JJ., concur.
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(2) In part 1303 of this chapter, any hearing held regarding the determination of aggregate production quota or the issuance, adjustment, suspension, or denial of a procurement quota or an individual manufacturing quota.
(3) In part 1308 of this chapter, any hearing held for the issuance, amendment, or repeal of any rule issuable pursuant to section 201 of the Act (21 U.S.C. 811).
Import means, with respect to any article, any bringing in or introduction of such article into the customs territory of the United States from any place outside thereof (but within the United States), or into the United States from any place outside thereof (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).
Importer includes every person who imports, or who acts as an import broker for importation of, controlled substances listed in any schedule.
Individual practitioner means a physician, dentist, veterinarian, or other individual licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he/she practices, to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.
Institutional practitioner means a hospital or other person (other than an individual) licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which it practices, to dispense a controlled substance in the course of professional practice, but does not include a pharmacy.
Interested person means any person adversely affected or aggrieved by any rule or proposed rule issuable pursuant to section 201 of the Act (21 U.S.C. 811).
Inventory means all factory and branch stocks in finished form of a basic class of controlled substance manufactured or otherwise acquired by a registrant, whether in bulk, commercial containers, or contained in pharmaceutical preparations in the possession of the registrant (including stocks held by the registrant under separate registration as a manufacturer, importer, exporter, or distributor).
(2) As used in 1308.11(d) of this chapter, the term "positional isomer" means any substance possessing the same molecular formula and core structure and having the same functional group(s) and/or substituent(s) as those found in the respective Schedule I hallucinogen, attached at any position(s) on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective Schedule I hallucinogen. Rearrangements of alkyl moieties within or between functional group(s) or substituent(s), or divisions or combinations of alkyl moieties, that do not create new chemical functionalities or destroy existing chemical functionalities, are allowed i.e., result in compounds which are positional isomers. For purposes of this definition, the "core structure" is the parent molecule that is the common basis for the class; for example, tryptamine, phenethylamine, or ergoline. Examples of rearrangements resulting in creation and/or destruction of chemical functionalities (and therefore resulting in compounds which are not positional isomers) include, but are not limited to: Ethoxy to alpha -hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of rearrangements resulting in compounds which would be positional isomers include: Tert -butyl to sec -butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha -methylamino to N-methylamino.
Label means any display of written, printed, or graphic matter placed upon the commercial container of any controlled substance by any manufacturer of such substance.
(2) Accompanying such controlled substance.
Long Term Care Facility (LTCF) means a nursing home, retirement care, mental care or other facility or institution which provides extended health care to resident patients.
Maintenance treatment means the dispensing for a period in excess of twenty-one days, of a narcotic drug or narcotic drugs in the treatment of an individual for dependence upon heroin or other morphine-like drug.
Manufacture means the producing, preparation, propagation, compounding, or processing of a drug or other substance or the packaging or repackaging of such substance, or the labeling or relabeling of the commercial container of such substance, but does not include the activities of a practitioner who, as an incident to his/her administration or dispensing such substance in the course of his/her professional practice, prepares, compounds, packages or labels such substance.
Manufacturer means a person who manufactures a drug or other substance, whether under a registration as a manufacturer or under authority of registration as a researcher or chemical analyst.
Mid-level practitioner means an individual practitioner, other than a physician, dentist, veterinarian, or podiatrist, who is licensed, registered, or otherwise permitted by the United States or the jurisdiction in which he/she practices, to dispense a controlled substance in the course of professional practice. Examples of mid-level practitioners include, but are not limited to, health care providers such as nurse practitioners, nurse midwives, nurse anesthetists, clinical nurse specialists and physician assistants who are authorized to dispense controlled substances by the State in which they practice.
Name means the official name, common or usual name, chemical name, or brand name of a substance.
(1) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium.
(2) Poppy straw and concentrate of poppy straw.
(3) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed.
(4) Cocaine, its salts, optical and geometric isomers, and salts of isomers.
(5) Ecgonine, its derivatives, their salts, isomers and salts of isomers.
(6) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (1) through (5) of this definition.
Narcotic treatment program means a program engaged in maintenance and/or detoxification treatment with narcotic drugs.
Net disposal means, for a stated period, the quantity of a basic class of controlled substance distributed by the registrant to another person, plus the quantity of that basic class used by the registrant in the production of (or converted by the registrant into) another basic class of controlled substance or a noncontrolled substance, plus the quantity of that basic class otherwise disposed of by the registrant, less the quantity of that basic class returned to the registrant by any purchaser, and less the quantity of that basic class distributed by the registrant to another registered manufacturer of that basic class for purposes other than use in the production of, or conversion into, another basic class of controlled substance or a noncontrolled substance or in the manufacture of dosage forms of that basic class.
Person includes any individual, corporation, government or governmental subdivision or agency, business trust, partnership, association, or other legal entity.
Pharmacist means any pharmacist licensed by a State to dispense controlled substances, and shall include any other person (e.g., pharmacist intern) authorized by a State to dispense controlled substances under the supervision of a pharmacist licensed by such State.
Port of entry means, unless distinguished as being a foreign port of entry, any place at which a customs officer is duly authorized to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs laws of the United States (whether or not such place is a port of entry as defined in title 19 of the United States Code or its associated implementing regulations). Examples of ports of entry include, but are not limited to, places designated as ports of entry or customs stations in title 19 of the Code of Federal Regulations or by the governing customs authority of that area. When shipments are transported under U.S. Customs and Border Protection's immediate transportation procedures, the port of entry shall be the port of final destination.
Port of export means, unless distinguished as being a foreign port of export, any place under the control of a customs officer where goods are loaded on an aircraft, vessel or other conveyance for export outside of the United States. For goods loaded aboard an aircraft or vessel in the United States, that stops at several ports before departing the United States, the port of export is the first port where the goods were actually loaded. For goods off-loaded from the original conveyance to another conveyance (even if the aircraft or vessel belongs to the same carrier) at any port subsequent to the port where the first on-loading occurred in the United States, the port where the goods were loaded onto the last conveyance before departing the United States is the port of export.
Prescription means an order for medication which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user (e.g., an order to dispense a drug to a bed patient for immediate administration in a hospital is not a prescription).
Proceeding means all actions taken for the issuance, amendment, or repeal of any rule issued pursuant to section 201 of the Act (21 U.S.C. 811), commencing with the publication by the Administrator of the proposed rule, amended rule, or repeal in the Federal Register.
Purchaser means any registered person entitled to obtain and execute order forms pursuant to 1305.04 and 1305.06.
Readily retrievable means that certain records are kept by automatic data processing systems or other electronic or mechanized recordkeeping systems in such a manner that they can be separated out from all other records in a reasonable time and/or records are kept on which certain items are asterisked, redlined, or in some other manner visually identifiable apart from other items appearing on the records.
Register and registration refer only to registration required and permitted by sections 303 or 1007 of the Act (21 U.S.C. 823 or 957).
Registrant means any person who is registered pursuant to either section 303 or section 1008 of the Act (21 U.S.C. 823 or 958).
Return information means supplemental information required to be reported to the Administration following an import or export transaction containing the particulars of the transaction and any other information as the Administration may specify.
Reverse distributor is a person registered with the Administration as a reverse distributor.
Supplier means any registered person entitled to fill order forms pursuant to 1305.06 of this chapter.
United States, when used in a geographic sense, means all places and waters, continental or insular, subject to the jurisdiction of the United States, which, in addition to the customs territory of the United States, include but are not limited to the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.


A delicious, healthy and satisfying way to enjoy a guilt free burger at your next barbecue dinner.
Place all ingredients, except the extra breadcrumbs and oil, in a large bowl. Mix well.
Using a ¼ cup measure, shape the mixture into 14 burgers. Coat with the extra breadcrumbs and refrigerate for 30 minutes.
Heat 1 tbs oil in a non-stick frying pan and cook half the burgers over medium heat, for 5 minutes each side, until golden and crisp.
Repeat with the second batch of burgers, using the remaining oil.
Serve in burger buns with salad or coleslaw.
Why not make an extra batch of these burgers and freeze them for later use?


The Hellenic Data Protection Authority (HDPA) dismissed claims by the hospital's administration that the cameras were installed to allow nursing staff to monitor whether the women in the delivery rooms were going into labor.
Moreover, the administration also claimed that the system is out-of-order and disused, citing a lower rate of childbirths and the fact that "most women prefer caesarean sections instead of natural child births".
Exact statistics on the actual number of c-sections in the country (as well as abortions) have never materialized, only estimates.
The authority's ruling stated that the video surveillance had not ceased; that women in the birthing process were not informed they were being monitored and that no signs were posted warning of the CCTV system.
The maternity ward was ordered to dismantle the system and to destroy all of the video data.


An example of a DUOZ game.
"Super-player" plays for the orange and computer plays for the blue. At this moment "Super-player" leads. The black pane displays that 12 moves have been left to do for both players.
8. Neighboring quarters of the same color are groupping. If the group does not have any free neighboring cells its quarters are excluded from the scoring.
Example shows a fragment of the game board. Excluded quarters have orange circles.
A simple rule of thumb is to place the tile on the playing field so that the group of quarters has always at least one free neighboring cell.
In other words, expand the group of quarters in the direction of the empty areas on the playing field. At the same time, try to prevent the opponent doing the same thing - and don't forget that the tiles have quarters with both your and your opponent's colors, so you also "play" for your opponent. The main challenge is to break the balance in your favour.


Looking for accommodation Tuesday 6/5 or Wed. 6/6 through Sunday 6/10. 1 adult, flexible about room. May have another rider coming in Saturday just for an overnight.
Would like to stay close to the LG Village but it's not a deal breaker.
Please reply if you have anything avail and I will get back to you.
Thanks Motorhead I'll look them up.
Try the Lido. They had one available earlier.
Just sold out. Thanks icookie.
Might call the Sundowner and they might have something available in the others.
Phoenix wrote: Just sold out. Thanks icookie.
Try the Studio have heard good reviews about it!
I found a place north of the village, I will let everyone know how it turns out. Keep sending reply's though others I am sure can use the help.
There are 2 suites left at the Olympian Village Resort/Motel.


In this article I look at how you can use your website to get agents and bookers falling over themselves to book your act.
Have you noticed that all the worlds biggest entertainers have websites to promote themselves? That's because websites work.
If you are an entertainer, no matter whether you just work locally at a semi-professional level or you are a worldwide pro, you must have a website if you want to effectively promote your act. A website is the single most cost-effective way to promote yourself.
Overall, the publicity a website can bring you makes it cheaper than mail-shots, printing up flyers, sending out brochures, or any other form of marketing you can think of. Just set up a website one time, and it can generate you work for years and years to come as visitors and fans as well as bookers and agents come back to the website time and time again to find you, get more news about you, and offer you more work.
However, if your website is to be successful in prompting all those visiting agents and promoters in to booking you, then you need to put your website to work for you…and a good website design is essential.
Luckily it needn't cost a fortune.
The best ideas may come from our heads, but most ideas don't really come together until we transfer them on to paper and can arrange them in a logical and sensible way (it's easier to arrange a bunch of rocks if they are in front of you rather than if they are a picture in your head, right)?! So get a pen and a piece of paper and start sketching an outline or plan of what you're trying to achieve with your website and the type of things you want it to contain.
Many acts make the mistake of employing someone else to go produce their entire website for them. Yet this makes little sense because nobody knows you and your act like you do, so you are best qualified to write the content and explain what you do to your website visitors, not a webmaster.
There will be some technical aspects of the website that you may not be able to do yourself, so by using an outline, you will be able to plan out how much of the website and the pages content you can produce yourself and which other jobs need to be "out-sourced" to others.
Imagine how much you would save if say, in a 10 page website, you produced 8 of those pages yourself and only out-sourced the producing of perhaps a contact/feedback form, and an audio/video page?
Content – this should consist of everything about you that you think a visitor will want to know. Your musical background (Biography), where you've worked (your CV), how to contact you, prices you charge, in fact everything you can think of that anyone wanting to book you would want to know.
Write as much text about yourself as you can to ensure you don't miss anything out – you can always condense it later if need be.
Structure – decide how many pages your website is going to be and how many of these you can produce yourself. Outsource the rest.
You need to think about how all these pages will link to each other and what graphics, logos, pictures and icons you are going to use on each page to illustrate your text and keep the visitor interested.
Design – Contrary to popular belief, you don't need to employ an expensive web desgner to design your website. There are many website "Templates" out there that you can download, just search on google for free web templates. You can take one of these free templates and adapt it to suit yourself using a web design program like Dreamweaver or MS Front Page.
The main thing to remember is that a good web design has consistency throughout all the pages, readability, simplicity and good use of colour and pictures.
Navigation – nothing puts off visitors more than being on a website and they don't know where they are, how to get to another page, or how to get back to where they started. So think carefully about how you want the visitor to go through your website. It shouldn't be too difficult if you just put yourself in the visitors position – they'll most likely come to your site through your home page (index page) and then move around the website from there, so make sure your home page is very clear about where all the other pages can be found and what's on them.
Navigation links like Page 1, Page 2, Page 3 etc will not do. Make the text on the links to these pages relevant to what's on them (eg Home, Contact Me, Video Clips, Biography etc). Here's an impotant tip – always remember the 3 click rule…if a visitor can't get to where he wants to go on your website within 3 clicks of the mouse, web behavioural research has shown that he'll get fed up and leave.
You have been warned, so get your navigation right or else!
Credibility – The internet is impersonal so don't let your website be. Make sure you reach out to every visitor that comes through your door, just as you would if you were meeting with them face to face.
Interact with that visitor by giving them all the information about you that you can. Let them contact you by email, by post or by telephone – give full contact details. Make sure your website presents a proper professional image of you because if your website looks professional, the visitor will consider you and your act to be professional too. This is VERY important.
Remember that when the visitor reaches your website, you are just another anonymous person out there in cyberspace who has posted a whole bunch of information about yourself which could be true or false (you might not even exist as far as the visitor knows). So make the visitor feel that by visiting your website, they are communicating with a real live human person.
Write your text as if you are speaking directly to them.
If you can achieve all of the above with your website, then there is no reason why you can't stand out from the crowd. Agents, bookers, anyone who wants to give you work will be impressed by you because of the ease which they can get relevant information about you from your website.
If your website looks the part, then so will you, and that will be reflected in the amount of bookings your website will pull in for you.
One last word of advice. Check your email every day (twice a day is better). Email is a form of instant messaging, and although no-one expects you to be sitting in front of a computer 24 hours a day waiting for their email enquiry to pop in your inbox, most people do expect a prompt reply within the day.
So make sure you ALWAYS reply to any enquiries that come from visitors to your website. If you don't have time to give them a full answer to their enquiry, just hit "reply" and send them back a simple message saying something like "…thanks for your enquiry, Im just putting all the info you requested together now and will email you back again with it all later…".
Above all, make your website look professional, look professional yourself, be professional and act professional, and you'll reap the rewards over and over again.


text:
Ahmaud Arbery was "trapped like a rat" before he was shot dead, defendant told officer
November 10, 2021 / 1:13 PM / CBS/AP
Legal analyst on Ahmaud Arbery murder trial
Legal analyst on Ahmaud Arbery murder trial 11:45
One of the three White men standing trial for the death of Ahmaud Arbery said they had the 25-year-old Black man "trapped like a rat" before he was fatally shot, a police investigator testified Wednesday.
Father and son Greg and Travis McMichael armed themselves and chased Arbery in a pickup truck after they spotted him running in their coastal Georgia neighborhood on February 23, 2020. A neighbor, William "Roddie" Bryan, joined the pursuit in his own truck and took cellphone video of Travis McMichael shooting Arbery at close range with a shotgun.
More than two months passed before the three men were arrested on charges of murder and other crimes, after the graphic video leaked online and deepened a national reckoning over racial injustice.
Glynn County Police Sergeant Roderic Nohilly told the jury Wednesday he spoke with Greg McMichael at police headquarters a few hours after the shooting. He said Greg McMichael told him Arbery "wasn't out for no Sunday jog. He was getting the hell out of there."
He told Nohilly he recognized Arbery because he had been recorded by security cameras a few times inside a neighboring home under construction. Greg McMichael said they gave chase to try to stop Arbery from escaping the subdivision.
"He was trapped like a rat," Greg McMichael said, according to a transcript of their recorded interview Nohilly read in court. "I think he was wanting to flee and he realized that something, you know, he was not going to get away."
Defendant Greg McMichael listens to an attorney during the trial for Ahmaud Arbery?s shooting death at the Glynn County Courthouse, in Brunswick, Georgia, November 8, 2021. Sean Rayford/Pool via REUTERS
Defense attorneys say the McMichaels and Bryan were legally justified in chasing and trying to detain Arbery because they reasonably thought he was a burglar. Greg McMichael told police Travis McMichael fired in self-defense after Arbery attacked with his fists and tried to grab his son's shotgun.
"He had an opportunity to flee further you know," Greg McMichael told Nohilly. "We had chased him around the neighborhood a bit, but he wasn't winded at all. I mean this guy was, he was in good shape."
Prosecutors say the McMichaels and Bryan chased Arbery for five minutes before he was shot in the street after running past the McMichaels' idling truck. Prosecutor Linda Dunikoski has described him as an "avid runner" who lived about 2 miles from the Satilla Shores neighborhood where he was slain.
The first police officer on the scene, Ricky Minshew, testified earlier in the trial that Bryan told him Arbery at one point in the chase stopped to catch his breath and appeared to be "tired of running."
Jurors were shown graphic, close-up police photos Monday of the gunshot wounds that killed Arbery, while one officer on the scene testified he did not try to render medical aid because it would not have been safe.
In court, Matthew Albenze testified he was splitting logs in his front yard on the day of the shooting when he saw Arbery enter the home under construction across the street.
Albenze testified Wednesday that he went inside his house and put a handgun in his pocket before he called police from behind a tree at the curb. Arbery left the house running toward the McMichaels' home while Albenze was on the phone.
Albenze told the jury he called the police nonemergency number. Dunikoski asked him: Why not 911?
He replied: "I did not see an emergency."
On the witness stand Wednesday, Nohilly pushed back as one of Greg McMichael's attorneys asked if raising a gun would be an appropriate response to a fleeing suspect who refused verbal commands to stop.
"You'll sometimes draw your weapon, won't you?" attorney Franklin Hogue asked.
Nohilly replied: "I don't just pull my gun."
Hogue then asked: "At some point, if the person is going to attack you, you'll go ahead and use your weapon."
"It depends on how he's attacking me," Nohilly said.
Hogue then asked him what if the attacker is trying to take his gun away.
"At that point it might meet the threshold, yes," the police sergeant said.
The Rev. Al Sharpton spoke with reporters Wednesday outside the Glynn County courthouse, where he held the hands of Arbery's parents while leading a prayer for justice. Sharpton criticized the disproportionately white makeup of the jury.
Superior Court Judge Timothy Walmsley allowed the jury to be sworn in last week after prosecutors objected, saying several Black potential jurors were excluded because of their race, leaving only one Black juror on the panel of 12. The county where the trial is being held is nearly 27% Black.
"It's an insult to the intelligence of the American people," Sharpton said. "If you can count to 12 and only get to one that's Black, you know something's wrong."
Last week, the trial had an emotional start as Arbery's mother watched graphic video of her son being chased down and killed. She sobbed in court as she watched the video for the first time.
"I decided it was time to see the video to heal my curiosities," Wanda Cooper-Jones said after the testimony on Friday. "It's very heartbreaking but I've gotten past that part."
Singer dies after deliberately catching COVID-19
The M&M characters are getting a redesign
Man found dead in Maryland home surrounded by over 100 snakes
Cold case divers find missing woman's car — and 2 other vehicles
© 2021 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: Different results for "first day of previous month" Why I got different result from
var_dump(strtotime(date('d.m.Y',strtotime("first day of previous month"))));

and
var_dump(strtotime("first day of previous month"));

result is:
    int(1396303200) and
    int(1396364471)

A: using date('d.m.Y') will cut off the hours, minutes and seconds. Thus returning you the timestamp it was at midnight.
If you use strtotime without filtering it through date, it returns the hours, minutes and seconds according to current time. Here in occurence, you ran the script arround 17 hours after midnight.
echo date('d.m.Y',strtotime("first day of previous month"));// 1.4.2014
echo date('d.m.Y H:i:s',strtotime("first day of previous month"));// 1.4.2014 17:26
echo date('d.m.Y H:i:s',strtotime("1.4.2014"));// 1.4.2014 00:00:00

A: This has to do with how strtotime() interprets your date string.
From the documentation for strtotime():

Dates in the m/d/y or d-m-y formats are disambiguated by looking at the separator between the various components: if the separator is a slash (/), then the American m/d/y is assumed; whereas if the separator is a dash (-) or a dot (.), then the European d-m-y format is assumed. To avoid potential ambiguity, it's best to use ISO 8601 (YYYY-MM-DD) dates or DateTime::createFromFormat() when possible.

Let's see what the timestamp values correspond to:
echo date('r', 1396303200) . "\n";
echo date('r', 1396364471);

Output:
Tue, 01 Apr 2014 03:30:00 +0530
Tue, 01 Apr 2014 20:31:11 +0530

See the output of the following var_dump() statement:
var_dump(date('d.m.Y',strtotime("first day of previous month")));

It outputs:
string(10) "01.04.2014"

Here the separator is a dot, so strtotime() will interpret the date as of DD-MM-YYYY format.
To avoid such ambiguity, always use DateTime::createFromFormat() instead.

A: The format of date() matters as strtotime will interpret it different depending on that. Stick to standard formats like YYYY-MM-DD and you'll get expected results.
In your case, you use d.m.Y which will give you 01.04.2014. Is that April 1st or January 4th? PHP doesn't know so it guesses in this case. If you used Y-m-d you'd get the expected results as that format is not ambiguous to PHP.
Demo
var_dump(strtotime("01.04.2014"));
var_dump(strtotime("04.01.2014"));
var_dump(strtotime("2014-04-01"));
int(1396310400)
int(1388793600)
int(1396310400)

redpajama_set_name: RedPajamaStackExchange


Grow Onions in Pot – Don't have enough space for growing onions due to a small size of your garden? You don't need to despair. The solution is to grow them in containers. This will allow you to grow your onions right in your home, inside the kitchen, balcony or terrace. Not only will they smell and taste better but will also be a lot healthier for you and your family. Want to know about growing onions easily in pots in your kitchen garden? Here are some practical tips to get you going.
There is no special trick or method to grow onions in your home garden. Just like the onions grown in an outdoor garden or like any other plant, you just have to make sure that you provide enough sunshine, water, and fertilizer support to the plants and they will thrive in most conditions.
Needless to say, selecting the right pot for growing onions is important. Small pots are not useful since you would usually want to grow more onions in a single pot. It is, therefore, ideal to select a larger container that is 10-12 inches in height. The mouth or opening of the container should be bigger to be able to adequately accommodate the growing onion plants. Remember that one onion needs a space of about 3 inches for proper growth. You can even use plastic buckets or tubs for this as it will be economical. Just make sure that you make drainage holes at the bottom of the container.
It is important to offer the right growing conditions for the onion plant to grow optimally. Sunlight is an essential element for growth, and you should keep the pot in full sunlight whenever possible – ideally for about 6-8 hours a day. Some types of onion plants may need partial shade. One more important point to remember is that onions need cooler temperature during the seed germination process. When the plant starts to grow, it needs higher temperature for proper formation and growth of the bulbs.
A well-drained, loamy soil that has a neutral pH is ideal for onions. Make sure that you add plenty of organic matter such as manure compost to the soil to improve its nutritional quality. Onion plant doesn't need any special fertilizing if they are grown in an enriched soil.
Onion can be grown by sowing seeds or planting transplants in the container soil. Seeds should be planted ½ inch deep and about 3 inches apart in the soil. When grown from the seeds it takes about four months to mature. Since onions seeds are short-lived, it is important to sow fresh seeds each season.
While growing onions from transplants make sure that you bury the stem up to the start of the bottom leaves. Keep a distance of 3 inches between them.
When the tops of the onion bulbs start turning brown, it's time to remove the onion bulbs from the soil and let them dry for a few days.


Every day we make dozens of decisions that will affect our children. What they eat. What they wear. Where they sleep. What their bed time is. Who they play with. What toys they play with. And that is a meagre tip of a giant, all-consuming ice berg.
The pressure on parents to get every decision right is immense and is starts right from the time you announce you are pregnant. With so many decisions resting on our shoulders on a day to day basis, there are bound to be different paradigms, different parenting philosophies, and differences of opinion.
At some point in the last century the art of learning to be a parent has evolved from a time when we gradually absorbed tried and true methods passed down from generations, to a process of deciphering conflicting information from a number of sources, all claiming to be backed by scientific study, and all claiming to be the one correct practice. And the source of the information has changed too, from close friends and relatives to scientists and self-anointed 'experts'.
With so many varying viewpoints thrust at parents on a daily basis, it's no surprise that the modern way of learning to parent exposes some significant differences in the way we practice our parenting skills.
It seems, however, we crossed the line from absorbing and processing new information about parenting practice into taking on the role of expert. And subsequently, we started to feel that it was okay to judge other parents for their own parenting choices, simply because they don't match our own. Perhaps parents in generations gone by felt judgement too. Maybe the lack of choice and the lower exposure to information and ideas meant that more people followed the same parenting philosophy, so there was less need for judgement. Maybe, without the constancy of mass and social media as a juxtaposing influence against their own thought processes, they never wondered if they were getting it right in the first place.
The problem with judgement is that it leads to guilt, warranted or otherwise. Questioning another mother's, (or father's), parenting choices is akin to putting a little angel on one shoulder and a little devil on the other and lying in wait for the inevitable clash. And while one parent's choices are invariably irrelevant when applied to a child that is not their own, it can still hurt. Even when confident their method is right, parents will inwardly second guess themselves if challenged on an idea because the stakes are so high. They just don't always admit it.
My own parenting experience has never followed the norm. I wanted a natural birth – I didn't get it. I assumed I would take to breastfeeding easily. I didn't. I hoped my child would hit developmental milestones on time, but he was miles ahead of the expected age for each milestone and I was barely ready for the commotion that comes with having an incredibly active, fast talking, lightning quick crawler – at six months. I watched wistfully as other children played harmoniously at the park while my amazingly cheeky, incredibly spirited and too big for his age son created havoc wherever he went. The one thing I know is that nothing – nothing – went to plan. Nothing was as I expected. So having an overriding philosophy or paradigm was useless. I had to, (literally sometimes), fly by the seat of my pants. Often, despite planning and considering and researching, I had to react to whatever was thrown at me, so any choices I made were relevant only to my child. Anyone else's unsolicited advice was out of context.
READ ABOUT: WHAT MAKES A BAD PARENT?
And that was all before I had a premature daughter. Boy did that throw a spanner in the parenting works, and not just for me, but for her and her brother and father as well. It completely altered my view on being a parent instantly and definitively. And it helped me to understand why judgement from outsiders can be so devastating.
When I was on bed rest awaiting my daughter's birth there were many times we were told she would not survive the night. In a moment of extreme vulnerability I broke down in front of a doctor, who had just given me some very bad news. I had been hammered with bad news over and over again, and eventually, with no one else around to be brave in front of I sobbed. The doctor, trying to comfort me, said something I will never forget. A harmless comment at the time, which I have since dwelled on and struggled to understand.
In my despair, I ignored him. I had heard it before and it just didn't resonate. Of course it was my fault! My body is built to carry a child to term and its failing. In doing so it is killing her. At this moment right now, I thought, she is perfect and healthy and full of potential. The minute she is out in this world all of that vanishes because my body can't protect her. It's not like I made any bad choices, but it was my responsibility to keep her safe all the same.
And with the benefit of hindsight and a fair serve of perspective, it now makes perfect sense. Our deepest instinct is to protect our children fiercely and without hesitation. And we can no more ignore those feelings, (guilty or otherwise), than we can ignore the instinct to pull our toddler back from a busy road. Or the instinct to tell them to be careful when climbing a tree. Or riding a bike. Or remind them not to talk to strangers. It's the same reason my parents laid awake at night when I first got my license.
A switch is flicked when we become parents. We are suddenly aware of how precarious life is and how intense the task of raising children is. And before we have even begun, we are terrified of making mistakes.
For strangers and well-meaning relatives that give well intended advice – we've probably thought it through. In fact, we've probably analysed and dissected many of the parenting decisions we will make today. We may even have researched it. And we've made a choice which fits with our set of circumstances, which the likelihood is you don't fully understand. And to parents who put forward their own parenting choices as if they are relevant to other parents – you are slowly eroding the confidence of another parent, and the confidence to follow our instincts is something we rely on. And analysing every parenting decision made in finite detail with a generalised comment makes no sense anyway. It's kind of like trying to paint a very detailed picture with a very broad stroked brush. So instead of exposing the inbuilt vulnerabilities of other parents, remember that your decision may not be relevant to those of other parents. In the end, anyone who judges a parent is hopeful that their perspective will outweigh another parent's deepest instincts. It won't. But it will likely cause upset.
If we are to rid mothers and fathers of the world of parenting guilt we must accept our differing opinions as a response to our own parenting instincts. Beyond that, there's not much need for discussion…or judgement. In the end the only opinion that matters is that of our children, and the adults they will grow up to be.


There's one issue about your Android Smartphone which almost 99% people have faced and I can bet for it. According to a rough idea it is considered that if some one is using Smartphone that he/she have surely faced accidental crash of their Android data(contacts, photos, sms, photos, audio, video, documents). I don't say that everyone has faced this issue but major part of the population have claimed about this inconvenience at least once in their life. Now you're are already very smart if such a major amount is facing this issue then there must be solution for it.
The answer is a big yes, you can found hundred of solution over the Internet to secure your data. All those solution will point to a single method that is android backup. You can come across different search terms such as secure your android data, save your data online but all of them will end to a perfect solution that is back up your data to an external device or into your system.
Be calm!, our discussion doesn't end here. Now we know that if we wanna save our data from any damage then just backup it but how? My friend, it's a child play to Google but one of the most difficult task to find a perfect tool. But don't worry today we're going to review a tool called MobiKin Assistant For Android. It'a a complete tool packed with awesome features to back up messages from android to computer. Not only messages you can manage several others task. Keep reading I have explained everything from start to end about this software.
Why Should I Go For MobiKin Android Assistant?
After reading the introduction there might be several question in your mind such as why should I go for this tool, Is there anything amazing about this tool? Don't worry, it's natural. We don't purchase anything once we're not sured about the quality of the product.
To provide your better review of this product I personally installed it on my computer and tested it. The results were amazing. Everything was processing with one click. I have mentioned all the features below so that you can have a complete idea about it.
There's nothing much I should explain about this point. You've already installed thousands of software on your system earlier. Similar to those, it's a one click install tool.
In order to access all the features of Android assistant, you'll need to connect your Smartphone with it. Don't to worry it's also one click task. Developer have provided two options in the interface to connect your phone with it. You can connect your phone either via USB or Wifi. Here I am going to show you how to connect with USB cable. You can easily connect with Wifi too.
Simply plug USB port in your Smartphone and connect it with your laptop or computer.
Make sure device enables USB debugging. You can enable it easily simply navigate to Settings>>Applications>>Development>>USB Debugging.
Wait for some time while it loads your drivers and all the necessary connections.
Once everything is done, you can see your device stats such as model, system version, battery percentage, phone and SD card storage.
This awesome tool comes with various features. You can easily manage all your data and can even import them to your computer or laptop. Some of the basic features have been listed below. Remember with free version you're only allowed to view android data, to manage get the full version and enter registration code.
Manage Apps: - This android manager allows you to install, export and uninstall apps. Navigate to the left side menu and click on apps>>user apps. Here you can see a complete list of all the installed apps on your phone.
Manage Contacts: Some time we forget our lock pattern or due to random reason we need to format our device to make it work again. If you're in a habit of saving your contacts in your phone memory then you might lost them on formatting your phone. But with this tool you can save them on your laptop also add them and delete them in bulk.
Along with this you can manage your text message, music, photos, videos and books too. I think the above two points were enough to make you understand how this software works. Simply save all your data as a backup on your computer without any inconvenience.
One more great feature provide by this product is that you can even add multiple devices. Simply click on the button left side of My Device.
You can easily download it's trial version from their official website but in order to use their features such as importing, exporting, deletion simply grab a license key. Currently they are offering $10 discount. You can get a lifetime license key for $39.95 instead of $49.95. Once you've made a payment they will automatically send your key code within minutes. They come with free technical support, lifetime update and 90 days money back guarantee.
So this was all about android assistant. Give it a try and mention your reviews below in the comment section. For any doubt or query feel free to leave a comment below in the comment section.


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Project Profile:
Michigan Emergency Cash Flow Loan Fund
A project of the Council of Michigan Foundations
Project Timeline:
January 1983 to January 1991
Locations Impacted:
Michigan League for Public Policy, W.K. Kellogg Foundation, Charles Stewart Mott Foundation, Hudson-Webber Foundation
The Michigan Emergency Cash Flow Loan Fund was established in 1983 to provide short-term assistance to Michigan nonprofits during emergency cash flow situations, so that they could continue offering vital services to their clients. Such emergency situations were often the result of "delayed reimbursement or payment of grants and contracts, unforeseen cash requirements, and/or inadequate cash flow planning." The early 1980s recession and cutbacks in government funding for social programs put additional pressure on the nonprofit sector. For a variety of reasons, short-term credit was not widely available to nonprofit organizations, and a shortage of funds sometimes forced nonprofits to either temporarily cut back services that were needed in the community or to close their doors entirely.
In the fall of 1980, the Council of Michigan Foundations' (CMF) board of trustees expressed that they saw value in an emergency cash flow loan program, and agreed to act as a facilitator and convener for the project. The first step was to conduct a study to assess the need for such a fund in Michigan. During 1980 and 1981, the Hudson-Webber Foundation and the Charles Stewart Mott Foundation each contributed $1,000 toward the study, which was conducted by the Michigan League for Human Services (now known as the Michigan League for Public Policy). In a survey of 75 organizations, roughly 76% of the agencies indicated that they had experienced substantial cash flow problems, the chief problem being a delay in receiving government funding. The majority of organizations surveyed needed less than $10,000 for a period of 30 days or less, once or twice a year. The survey clearly indicated an overwhelming need for an emergency loan fund.
By 1982, there were already various emergency loan fund programs in existence around the country, primarily in major cities, such as New York, Chicago, Boston, San Francisco, and Denver. The programs shared the same basic goal: "to make available short-term funds to nonprofit organizations unable to secure loans from commercial banks or other traditional sources" and "to stabilize budgets, and consequently program activities for existing nonprofit organizations." The proposers of the Michigan Emergency Fund looked to Denver's Community Cash Flow Program, in particular, as a model for the Michigan program.
In 1983, the Michigan League for Human Services created the fund and committed to administering it. The League is a statewide citizen organization whose goal is improvement of human services. CMF continued to formally endorse the project and encouraged their members to individually consider appropriate aid and cooperation with the project. Various CMF foundations contributed to the fund, making it a reality. The W.K. Kellogg Foundation and Charles Stewart Mott Foundation each contributed $200,000 in guarantees to back the loans for the first year. In addition, several foundations pledged grants to underwrite part of the interest payments and to help implement the fund. As Rob Collier noted in a Charles Stewart Mott Foundation grant report, the fund was "contributing to the state-of-the-art as being the first attempt to operate such a program on a statewide basis."
Loans from the Michigan Emergency Cash Flow Loan Fund were first made available to nonprofits in 1983. At the time, it was estimated that about 4,000 agencies would be eligible for help. For organizations unable to get loans at affordable rates of interest through commercial banks or other traditional sources, loans were available through the Michigan Emergency Cash Flow Loan Fund at an average of $18,000 for a period of up to 180 days. All funds were disbursed by affiliates of NBD Bancorp and Comerica Inc., making Michigan's Emergency Cash Flow Program the first to solely use existing banks for loans. In addition, the League offered trainings to nonprofits to help them deal with cash flow problems in the future. The program continued for nearly a decade, until the early 1990s. In 1991, Michigan's General Assistance program was abolished, which led to more long-term financial issues for nonprofits around the state. As a result, the Michigan Emergency Cash Flow Fund was also discontinued. Today, there are national agencies that offer loan services to nonprofits, such as the Nonprofit Finance Fund.
Funds Raised/Distributed:
$272,000 for the first year of the program; Charles Stewart Mott Foundation continued to fund the project over the next three years
Key Accomplishments/Outcomes:
Provided loans at affordable rates to nonprofits experiencing short-term cash flow problems
Educated nonprofit staff about budgeting for organizations and how to handle cash flow issues
First attempt at a statewide program to offer emergency loans to nonprofit organizations
Related Historical Documents
Council of Michigan Foundations Board Book, 05-06-1982, Special Projects Request
Council of Michigan Foundations Board Book, 09-11-1981, Special Projects
Council of Michigan Foundations, 1983-1984 Annual Report
Related Leader Profiles
Robert Collier


2HP is a module maker entirely focused on the concept of good things coming in small packages. They now boast a lineup of 41 modules, all packed into the smallest possible eurorack footprint, from which they derive their name. Pluck was the first module from 2HP that I've laid hands on. I've often seen it as the answer offered in many "what should I get with my remaining HP" queries, with some people comparing it very favourably to Rings from Mutable Instruments, so I was curious to see how it measured up.
Pluck provides a pint-sized synth voice based on Karplus-Strong algorithms to create accurate plucked string sounds. Karplus-Strong synthesis is a type of physical modeling that uses a burst of noise through a filtered delay line to virtually recreate the tones of stringed instruments. In the case of Pluck, I would say these sounds most closely resemble the tones created by dulcimers, harps, or kotos.
With just 2HP to work with, the inputs and controls are by necessity quite simple. There's a trigger input and a 1V/Oct pitch input with a tuning knob along with inputs and knobs to control decay and dampening. With Decay and Dampening turned all the way down, Pluck will produce woody atonal percussive tones similar to a rim shot. As you bring up the Decay, it gradually starts to sound like a palm muted string. Increasing Decay past 12 o'clock makes the notes ring out longer, and with Decay fully clockwise, notes will take about twenty seconds to fully fade.
Dampening affects Decay, but it also changes the tonality of the string. Turning Damp clockwise introduces more of a metallic character, and also causes notes to ring out even longer. From my experiments, Pluck seems to have a four voice polyphony, beyond which a sort of voice stealing system takes place. For this reason it responds quite nicely to "strumming", in that by sending a quick succession of gates and notes you can play four-note chords.
Throughout the range of controls, Pluck really does have a lovely tone. It sounds great clean, and of course responds well to a touch (or a thick coating) of delay and reverb. Pluck is definitely a one-trick-pony, but it does this trick very well. The closest alternatives out there are probably Rings from Mutable Instruments and the Intellijel collaboration with Applied Acoustics, Plonk. However, comparing these two to Pluck isn't completely fair. Sure they offer a lot more variety of tone with physical modelling mimicking different types of real world objects, but they're also over 10HP larger and hundreds of dollars more expensive. The bottom line is that if you want to squeeze another complementary or contrasting voice into your system, Pluck definitely provides a worthwhile solution.
Pros: 2HP Standalone synth voice, lovely plucked string tones, very long possible decay times, apparent 4-voice polyphony.
Cons: One-trick pony, only one type of sound with limited control.