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PEOPLE v. BJORNSEN
District Court of Appeal, Third District, California.
PEOPLE v. BJORNSEN.
W. V. Anderson, of Los Angeles, and H. J. Tye, of Stockton, for appellant. Fred N. Howser, Atty. Gen., and Jas. Reavis, Deputy Atty. Gen., for respondent.
The defendant was charged with murdering Leland F. Martin on April 11, 1946. He was tried by the court sitting without a jury. The evidence was circumstantial with the exception of several extrajudicial statements which were made by the defendant. He was convicted of murder of the first degree and sentenced to life imprisonment. A motion for new trial was denied. From that judgment and order this appeal was perfected.
The defendant and the deceased had been friends and associates. They drank liquor together. They lived on a small island in the San Joaquin River near Stockton. On the day of the homicide they started to drive to town in the defendant's automobile. When they reached Paradise Point Inn a dispute arose over the deceased's proposal to stop there. The defendant refused to do so. The deceased reached over and turned off the ignition switch. The car stopped and he got out. The defendant drove on to town without him. About six o'clock that evening the defendant returned to the island and went to bed. The deceased arrived about nine o'clock the same night. They drank some liquor together and then quarreled over their separation at Paradise Point. The defendant kept a single barrel 20-gauge shotgun and a box of loaded cartridges in his room. There was no other gun on the premises. There were no witnesses to the affair other than the two men who participated in it. No other person was on the island. The deceased was shot twice at short range with defendant's gun. Evidently he was first shot in the stomach, and then, after the shell had been extracted from the gun and the gun reloaded, he was again deliberately shot in the head, blowing a gaping hole in the skull. A medical expert witness testified that the wound in the abdomen would have knocked him down, and that the head wound would have instantly killed him. The deceased was evidently shot outside the cabin near the walk, for an empty shell and a two-inch piece of his skull were found there. Also there was a spot near the walk where the body evidently lay, from which surface dirt had been recently removed, with the possible purpose of disposing of the mess of blood and brains. Several yards of log-chain and two heavy weights, taken from the warehouse on the island, were attached to his body with bailing wire, and he was thrown into the river. A triangular three-foot piece of canvas was taken from the porch awning of the cottage, with which the body was either wrapped or upon which it was dragged to the boatlanding. The body was discovered some distance from the island eight days later. The motorboat which the deceased had used to return to the island was set adrift. It was picked up the day following the homicide one and one-half miles below the island. The court found that the defendant wilfully and deliberately killed the deceased, and attempted to conceal the body and evidence of the murder. There is an abundance of evidence to support that conclusion. There was no other person who could have committed the homicide. Self-defense is not involved. The defendant merely claimed that he did not kill the deceased.
The only issue of merit on appeal is the question as to whether the defendant was so intoxicated at the time of the homicide that he was incapable of premeditating or deliberating the commission of the crime. The defendant argues that he was too weak and incapacitated from delirium tremens to have committed the homicide or to have disposed of the body. Those were problems for the determination of the trial judge, with which we may not interfere since there is very convincing evidence that the defendant not only could, but that he actually did, commit the homicide and cunningly dispose of the body. After a chain of incriminating circumstances had been adduced in evidence at the trial, the defendant was called and merely asked his age, his weight, and the one question, 'Did you kill Leland F. Martin?' to which he replied that he did not. On cross-examination answers to all material questions were avoided by a claim of amnesia resulting from intoxication. He asserted that the same lapse of memory existed regarding the details of his several former extrajudicial statements. We think the court correctly ruled upon all objections regarding such testimony and that the judgment is adequately supported by the evidence.
Since the judgment of conviction is dependent very largely on circumstantial evidence, it becomes necessary to recite in greater detail some of the essential facts of the case.
Mr. and Mrs. E. R. Crowell owned a ranch about fifteen miles from Stockton, on the northerly side of the San Joaquin River in the Empire Tract. A deep water channed had been constructed in the river from Stockton to Suisun Bay. In so doing a small twenty-acre piece of land was severed from the northerly end of Tinsley Island opposite the Crowell property. A strip of water several hundred feet in width intervened between that island and the mainland on the northerly side. The severed portion of the island was erroneously called Ward Island. The real Ward Island is located just above Tinsley Island. We shall refer to the little severed portion which is involved in this case as Crowell Island, to avoid confusion. It also belonged to the Crowells. It was covered with small trees and brush to the margin of the water, and surrounded by tules. It contained a group of buildings near one end of the island, and a few yards from the water, consisting of a cottage, a warehouse and a small shack. Adjacent to the buildings a garden was cultivated. A pathway led from the buildings to the river's edge where a dock was constructed for landing boats. Across the expanse of water on the northerly side, Mr. Crowell also maintained another wharf, where he usually kept several boats including a cat-fishing boat and an outboard motor boat, for crossing the river and for going back and forth to the island. Ashley Ferry crossed the river about two miles from the Crowell property.
The deceased, Leland F. Martin, was Mrs. Crowell's brother. He was unmarried. He weighed 140 pounds and was 49 years of age. He usually worked as a farmhand. For several years he was engaged as caretaker of Crowell Island. He lived in the cottage on that island and took care of the buildings and garden. The warehouse contained old machinery and accumulated junk, including the weights and logchain which were attached to the body of the deceased before he was dumped into the river. The defendant, who was forty years of age and weighed 118 pounds, was an acquaintance of the deceased. They occasionally associated and drank liquor together. A few days before the homicide, with the consent of Mr. Crowell, the defendant went to live with the deceased on the island. He lived in the little shack, where he kept the shotgun and cartridges previously mentioned. The deceased lived in the cottage. There is evidence that several empty wine jugs were also found in defendant's room after the homicide. The defendant owned an automobile which he usually parked on the levee on Crowell's side of the river. No other person lived on the island, and except for the Crowell family and their immediate friends, other people rarely visited the island. It was commonly called the 'hide-out.'
About 11 o'clock in the forenoon of Thursday, April 11, 1946, the defendant and the deceased started to drive from the levee to town in defendant's automobile. The roadway ran from the levee across the Empire Tract past the home of Mr. and Mrs. Baeta. They stopped at the Baeta house, and Mr. Martin borrowed from Mr. Baeta the sum of $5. Mrs. Edith Baeta knew both the defendant and the deceased. She saw them at her home that morning. Between five and six o'clock that evening she saw the defendant returning alone in his car and going toward the Crowell landing on the levee opposite the island. There can be no doubt that the defendant returned to the island about six o'clock Thursday evening. He admitted that he returned to the island that evening and that he went to bed there. In an extrajudicial statement made by the defendant he said that when they reached Paradise Point Inn on their way to town, the deceased insisted on stopping and having a drink, but that he said, 'No, we won't stop.' He declared that the deceased then reached over and turned off the ignition switch, stopped the car and got out, and that he went on to town alone, and subsequently drove back to the levee and crossed to the island that same night. There is no doubt that Mr. Martin was at Paradise Point Inn Thursday afternoon and that he returned to the island about 9 o'clock that night. Mr. William Oberly testified that he saw Martin at the Inn and asked him to have a glass of beer with him, which he refused, saying 'He had enough to drink.' When Oberly was asked if he seemed intoxicated, he replied 'Absolutely not.' Between eight and nine o'clock that evening Oberly took the deceased back in his automobile and left him at the Ashley Ferry. Oberly testified that Martin was then on his way back to the island. The defendant admitted the return of Martin that night, and told of a dispute between them. He stated: 'I got back Thursday night and I was in bed and he come in and he woke me up, and we sat there and drank for quite a while. * * * I know we were arguing, I suppose it was, and he was mad because I had left him at Paradise Point and gone on to town alone.'
Mr. Crowell went to the island about three o'clock Thursday afternoon, after the defendant and Martin had left to go to town. There was then no one else on the island. Crowell went to prepare to paint the interior of his cottage. He left the island prior to six o'clock, before the defendant returned. Crowell did not go to the island on the following day, Friday, but he did return on Monday the 15th. He then went to the shack and talked with the defendant. He said that the defendant appeared to have been drinking, but that he talked intelligently and answered his questions. Crowell said that he then saw defendant's shotgun in the corner of the room and the box of shells on the table. He missed Martin and asked the defendant where he was. The defendant falsely replied that he did not know, that the last time he had seen Martin was when he left him at Paradise Point Inn. Crowell then had no intimation that Martin had been murdered. He was complaining of having to hire a boat to get over to the island. He said, 'Funny a man's got a boat here and he's got to go hire a boat to get on the island.' The motor boat was then gone. Crowell left the defendant on the island when he departed that night. He returned to the island on the following days of Sunday and Monday, to resume his painting of the cottage. Neither the defendant, Martin, nor anyone else was on the island on either of those last mentioned days.
On Tuesday morning, April 16th, Richard Hamel, a friend of the Crowells, visited the island and he then saw the defendant sitting on a log in the yard near his shack. The defendant told him he had had 'an awful night,' and that he 'vomited all night.' Hamel told him that his stomach was upset and needed something substantial in it. He offered to prepare some coffee and eggs for him. The defendant ate the eggs and drank the coffee. Hamel then asked him what in the world had become of Martin. The defendant falsely replied, inconsistent with the previous statement which he made to Crowell, that 'I don't know * * *. He borrowed $5.00 from me and took off in the boat for Paradise Point.' Evidently the defendant was trying to create the impression that Martin had gone alone in the outboard motor boat to Paradise Point, the had fallen overboard and was drowned. The motor boat had been set adrift from the island. It was found floating on the river two or three miles below the island. Mr. Fraser, who lived on Ward Island, discovered the body of the deceased on April 19th, Floating on the surface among the tules eight hundred feet or more from the island. On cross-examination of the defendant at the trial, he was asked if he did not make a statement at the hospital on April 20th in which after he was told that they had found the motor boat below the island and had discovered the body on April 19th floating in the river, he immediately replied, 'The hell. Jesus Christ. Drowned, huh?' This colloquy occurred in that regard:
'Q. They found his body. A. They did?
'Q. Yes. A. Where?
'Q. Over there by Light 11. A. The hell. Jesus Christ. Drowned, huh?
'Q. No. Shot with a shotgun. A. Shot? God! Whew! My God, how did that happen?
'Q. Can't you tell us? A. No. Hell, we were both rumdum, crazy rumdum. I don't know how the hell it happened.'
To the succeeding inquiry, 'Do you remember that?' the defendant replied, 'No, I don't remember.'
When Mr. Hamel left the island on Tuesday, April 16th, he took the defendant with him, having persuaded him that he should go to the hospital for treatment. The defendant entered the county hospital on the last mentioned date, where he remained until April 22nd, when he left that institution. He was arrested for the murder that same day.
When the body was discovered, the logchain and two heavy weights were found attached to it with baling wire. The chain and the weights were hanging down beneath the body which was floating in water about three feet in depth. Crowell and others recognized the logchain and door weights, which had been taken from the warehouse on the island, as belonging to him. The officers, Crowell, Hamel and others, then visited the island and made a critical examination. They found defendant's shotgun, and a box of cartridges in his room in the cabin. They also found that the chain and weights were gone from the warehouse. They discovered the point near the pathway where the surface or the soil had been recently removed, and at a little distance therefrom the two-inch fragment of the skull which was picked up was afterward found to exactly fit the aperture in the dead man's skull. They also found the empty cartridges near that pathway, and observed that a piece of canvas had been either cut or torn from the awning hanging from the cottage porch.
Roger Green, a member of the California Criminal Identification and Investigation Division, examined the gun, the cartridges, the shot contained therein and the baling wire. He testified that the small shot which had been extracted from the body of the deceased were exactly the same size, type and make as those contained in the loaded shells found in defendant's cabin. He called them number 7 1/212 chilled or hardened shot, and said that the shells contained 345 shot to the load. He examined the caps in the discharged shells and in the loaded ones and experimented by firing from defendant's gun one of the loaded shells, and testified that the shells found near the pathway were fired from that very gun. The firing pin of the gun had a slight distinguishing mark found in the cap of the empty shell. The firing pin also contacted the cap slightly off center. He also said the piece of baling wire had been recently cut by an ax, a hatchet or some sharp instrument from another piece of the same wire, for it had a fresh, smooth surface at one end. The evidence showed that Crowell had on the island a quantity of similar size and type of wire.
A post mortem examination disclosed the fact that Leland Martin died as a result of the gunshot wounds previously mentioned, and that he had been dead five or six days when the body was recovered.
From the foregoing facts and other relevant evidence which he record contains, there can be no doubt that the defendant deliberately shot and killed the deceased with his single barrel twenty-gauge shotgun, and that he shrewdly planned and carried out the loading of the body with heavy weights and the dumping of the body into the river, for the purpose of concealing his crime. The disposition of the body and the removal of the surface dirt and other evidence of the homicide may have been accomplished the night of April 11th, or the defendant may have completed that job the following day, for no person visited the island on Friday the 12th.
We are of the opinion the facts and circumstances of this case warranted the trial court in finding that the defendant was guilty of murder of the first degree. It is, of course, necessary that the facts and circumstances of a homicide case shall disclose substantial proof or reasonable inferences of malicious, deliberate and premeditated killing of the victim, before he may be found guilty of first degree murder. But it is not necessary that there shall be 'express evidence of a deliberate purpose to take the life of another. It is sufficient if the facts and circumstances surrounding the commission of the offense reasonably warrant an inference to that effect.' The question of the degree of the crime is one exclusively for the determination of the trial judge or jury, and his or its conclusion in that regard will not be disturbed when there is any substantial evidence to support it. People v. Smith, 15 Cal.2d 640, 648, 104 P.2d 510. To support a judgment of murder of the first degree it is not necessary to show personal enmity on the part of the defendant toward deceased. People v. Cornett, 61 Cal.App.2d 98, 106, 141 P.2d 916; People v. Fleming, 218 Cal. 300, 309, 23 P.2d 28; People v. Sainz, 162 Cal. 242, 121 P. 922; 13 Cal.Jur. 591, sec. 11. Upon a trial for murder, the commission of the homicide by the defendant having been established, the burden rests upon the accused person, in the absence of evidence adduced by the prosecution tending to show that the killing was justifiable or excusable, or that it amounts only to manslaughter, to prove the circumstances in mitigation or excuse. Sec. 1105, Penal Code; People v. Spinelli, 14 Cal.2d 137, 142, 92 P.2d 1017; People v. Cornett, supra. In the Spinelli case, supra, quoting with approval from People v. Johnson, 203 Cal. 153, 263 P. 524, it is said [14 Cal.2d 137, 92 P.2d 1019]:
"The ruthless disposition of the body of the deceased, following the killing, certainly is some evidence as to an abandoned or malignant heart upon the part of the slayer. However this may be, section 1105, Penal Code, provides that: 'The commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable'. The defendant offered no proof to meet the burden which the law casts upon him, and, as there was no claim of justification or excuse offered for the killing of decedent or pretense that the proof tended to show that the crime committed only amounted to manslaughter, the crime was murder of the first degree."
In the present case, while the defendant did positively deny that he killed Martin, it may reasonably be said he claimed that if he did kill him he was excusable for the homicide because he was so intoxicated that he did not know what he was doing, and that he had no recollection whatever of that homicide. We shall discuss that feature of the defense later.
With relation to the elements of deliberation, premeditation and malice, there are proved circumstances in this case which clearly indicate that those elements are adequately supported. In the extrajudicial statements which the defendant made he repeatedly said that they were quarreling about the defendant leaving Martin at Paradise Point and driving away without him. The defendant kept his gun in his cabin. The homicide took place outside that house near the walk. The defendant had to either follow Martin out of the cabin to the scene of the homicide, or he had to procure the gun and go out there to meet him. The gun was a single barreled shotgun. The deceased was shot twice, once in the stomach and again in the head. Before the second shot was fired the defendant was required to extract the discharged cartridge, and reload the gun. When he left the cabin with his gun, he must have thoughtfully taken the precaution to carry with him additional loaded cartridges. We think those circumstances sufficiently supply the necessary proof of premeditation, deliberation and malice, to support the determination of the trial judge that he was guilty of murder of the first degree.
When it appears that the deceased was deliverately shot twice, or killed with a deadly weapon without sufficient provocation, under circumstances indicating that the act was performed by the defendant with an abandoned and malignant heart, as it does in the present case, malice may be presumed. Sec. 188, Penal Code; People v. Cook, 15 Cal.2d 507, 514, 102 P.2d 752; People v. Larrios, 220 Cal. 236, 252, 30 P.2d 404; 13 Cal.Jur. 683, sec. 72.
The question of the intoxication of the defendant was competent for the court to consider under all the circumstances of the case in determining the motive or intent with which the homicide was committed, whether he was incapable of premeditating or deliberating the performance of the act, or to understand the nature of his extrajudicial statements, and to ascertain the degree of the crime. Sec. 22, Penal Code; People v. Keyes, 178 Cal. 794, 797, 175 P. 6; People v. Sainz, 162 Cal. 242, 121 P. 922; People v. Allen, 166 Cal. 723, 729, 137 P. 1148; People v. Flores, 15 Cal.App.2d 58, 67, 58 P.2d 1311; People v. Boggs, 12 Cal.2d 27, 37, 82 P.2d 368; People v. Montezuma, 117 Cal.App. 125, 3 P.2d 370, 4 P.2d 285; 13 Cal.Jur. 622, sec. 31. While there is evidence in the present case of the intoxication of the defendant before and after the commission of the homicide, there is ample proof that he was not so drunk that he was incapable of planning and executing the crime, and of shrewdly disposing of the body. He was seen, on the evening of the homicide, driving his automobile back to the levy from which he crossed to the island. He said that he returned and went to bed in his cabin. He deliberately took the gun and cartridges from his room and went out to kill the deceased. After firing the first shot into the body of his victim, he reloaded the gun and shot him again. He procured and attached the chain and weights to the body and dumped it into the river. He took the canvas from the awning to remove the body. He removed the surface soil which evidently contained the blood and brains of his victim. He set the motor boat afloat and suggested that the deceased was drowned. He made several statements to various persons at different times which indicated that he understood their inquiries perfectly and answered intelligently. That furnishes ample evidence to support the court's determination that he was able to understand the nature of his act, and that he was capable of premeditating, deliberating and executing the crime, and of concealing the body of his victim.
The court did not err in refusing to strike out the evidence of Clarence Crawford, the deputy sheriff, with relation to a voluntary statement made by the defendant on April 22nd, after his discharge from the hospital, and after his arrest, while they were on the way to the county jail. Crawford testified from notes of the conversation which he made immediately after it occurred. The witness said:
'On this particular instance I asked Bernie why he did a thing like that, referring to the date in question in the shooting, and he stated that 'I don't know why I did it. I guess I must have been crazy. * * * We were arguing and I remember Lee [Martin] come at me. I can't remember anything after that.''
The defendant's attorney moved to strike the statement from the record on the ground that it was merely 'an * * * accusatory statement,' rendered incompetent under People v. Lapara, 181 Cal. 66, at page 71, 183 P. 545, 547. The motion was properly denied. That statement was not a confession of guilt. But it was an admission that he shot the deceased, and that he remembered 'we were arguing.' He did excuse the act by saying, 'I guess I must have been crazy.' The admission was competent as evidence tending to show who killed the deceased, and that some controversy existed between them before the commission of the homicide. In the Lapara case a similar question was held to be incompetent because the defendant in that case promptly and definitely denied the killing. His answer was, 'I did not kill him.' The court properly said in that case, 'But if he promptly and fully deny the charge, the accusatory statements, standing alone, are not in any sense competent evidence of the defendant's guilt.' (Italics added.) At the trial of this case the defendant did afterward declare that he did not kill Martin, and he then claimed that he had no recollection whatever of the homicide. Even if the motion to strike out the preceding statement had been granted, it would have been competent to subsequently offer it to impeach the defendant by showing that he previously made that statement which is in conflict with his testimony at the trial. We think the ruling was correct.
Objections to defendant's offer in evidence of hospital records of his case while he was an inmate of that institution on three previous occasions, in February, June and August, 1945, seven months before the homicide, were sustained on the ground that they were incompetent, irrelevant, and too remote. The records showed that he had been treated at the hospital for a liver complaint and dysentery. They were offered as an exception to the rule of hearsay evidence, as proof of his physical inability to commit the homicide or to dispose of the body. The witness, Doctor Carl Meehan, acting superintendent of the hospital, had never examined or treated the patient. He had no personal knowledge of his ailments or physical condition. He had no part in making the hospital records in question. The objections were properly sustained. The evidence of entries in the hospital records was incompetent, irrelevant and too remote. People v. Boggess, 194 Cal. 212, 235, 228 P. 448. The question of the competency, relevancy or admissibility of evidence on the ground of being too remote, is ordinarily subject to the sound discretion of the trial judge. People v. Arrangoiz, 24 Cal.App.2d 116, 118, 74 P.2d 789. Even though a hospital record may be competent under proper circumstances, it may still be irrelevant because it is too remote. We may not say, as a proposition of law, that the court abused its discretion in excluding the said records under the circumstances of this case. It does not appear that the defendant was prejudiced by that ruling.
The defendant subsequently offered in evidence the hospital chart of his case upon his last entry in that institution, from April 16th to April 22nd, when he left the hospital, to show that he was 'suffering from delirium tremens' during that period of time. That offer was made as proof of his contention that he was incapable of premeditating or committing homicide or of disposing of the body on April 11th, or of making the binding extrajudicial admissions against interest which were testified to at the trial. It was stipulated at the trial that the record contains the entry, 'Final diagnosis, delirium tremens,' under date of April 16, 1946. That stipulated fact was accepted in evidence. Upon that stipulation the record was excluded. It was not contended the record contained any other entry bearing upon the issue with respect to defendant's ability to commit the homicide or his responsibility for the admissions against interest. We may assume the last mentioned hospital record was admissible and competent evidence, as an exception to the rule with regard to hearsay evidence (Sec. 1953f, C.C.P.; Loper v. Morrison, 23 Cal.2d 600, 608, 145 P.2d 1; McDowd v. Pig'n Whistle Corp., 26 Cal.2d 696, 700, 160 P.2d 797; 32 C.J.S., Evidence, § 728, page 633), provided the proper foundation for its reception was established, which is doubtful, but immaterial. Regarding the preliminary foundation which must be proved to entitle hospital records to be admissible in evidence, it is said in 32 C.J.S., § 728, at page 634, that:
'* * * There must be compliance with statutes under which they are sought to be introduced; it must appear that entries were made in the ordinary course of business by persons whose duty it is to make them; they must be made contemporaneously with the facts to which they relate or within such time thereafter as to be part of the transaction; must refer to matters which the persons making the entries have the duty to record; and must be duly authenticated. * * * They must have been made by a person having knowledge of the facts set forth or one competent to predicate a medical and scientific opinion on the facts.' (Italics added)
Some of the elements referred to in the preceding quotation, necessary to lay the foundation for the introduction of the last mentioned record, appear to be absent in the present case. It was not authenticated. But, as we have said, that may be immaterial since the essential fact sought to be elicited was stipulated. The defendant was not prejudiced by the court sustaining the objection to the record itself, since it was stipulated that it showed that the condition of the defendant, while an inmate of the hospital from April 16 to April 22, 1946, included the entry that it was diagnosed as 'delirium tremens'. This case was tried by the judge sitting without a jury, and the facts were all before the court. The court did not err in restricting the cross-examination of Doctor Meehan regarding the defendant's condition while he was an inmate of the hospital on that occasion. He stated that he had not seen the patient and that he had no personal knowledge of his mental or physical condition.
Delirium tremens is accompanied by temporary aberration of the mind from brain disorder caused by protracted and excessive use of alcoholic liquor. It is accompanied by hallucinations, violent actions, feeble pulse, shattered nerves, trembling of the muscles, particularly of the hands, arms and tongue, so that the victim is unable to articulate or talk coherently. In ordinary cases the symptoms abate in from three to six days. 7 Encyclopedia Britannica, 14th Ed., p. 167. The homicide which is involved in this case was committed five days before the defendant went to the hospital. In the meantime several men saw and talked with the defendant and they testified to those conversations. Apparently he was then able to talk rationally and coherently. While each of them said that he appeared to have been drinking, no witness suggested that he was suffering from delirium tremens. Nor do the related conversations indicate that he was so intoxicated that he did not fully understand and intelligently answer questions. In fact the circumstances of the homicide and the manner of disposing of the body strongly indicate careful planning and complete knowledge of the entire transaction on the part of the defendant. It was the province of the judge to determine from all the facts and circumstances, including the conversations and the stipulated entries in the hospital record, whether the defendant was so incapacitated from intoxication or delirium tremens that he was not responsible for his acts, conduct or admissions against interest. Those issues were determined adversely to the defendant. Those conclusions are adequately supported by competent and convincing evidence.
The court did not err in permitting the cross-examination of the defendant, to test his recollection of the homicide, and his memory of the extrajudicial statements made by him. He denied killing the deceased, and declared that he did not remember what statements he had previously made regarding the homicide. The defendant's admissions against interest, previously made in two extrajudicial statements taken by a court reporter and transcribed, were competent for impeachment purpose. Portions of those statements were read to the defendant at the trial by the district attorney who conducted the original inquiry. The officer testified that he personally recalled each question and answer and said they were correctly transcribed, and that the defendant so stated. Before reading them in court the foundation required by Section 2052 of the Code of Civil Procedure was first laid by relating the times, places and parties present. The statements were not handed to the defendant to read. The attorney was not asked to do so. It was not contended they were inaccurately read to the witness. It was not necessary to hand the statements to the defendant. They were not signed by him. The witness declared that he did not remember making any such statements. When a witness testifies that he does not remember his previous statements, it is competent to prove them for the purpose of impeachment. People v. Vatek, 71 Cal.App. 453, 474, 236 P. 163; Ehat v. Scheidt, 17 Cal.App. 430, 436, 120 P. 49; 27 Cal.Jur. 164, sec. 137. It has been said the language of Section 2052 that, 'If the statements be in writing, they must be shown to the witness before any question is put to him concerning them,' applies only to written statements signed by the witness, and not to unsigned memorandums or statements made by other parties. People v. Talman, 26 Cal.App. 348, 351, 146 P. 1063; People v. Young, 70 Cal.App.2d 28, 35, 160 P.2d 132. The defendant was not prejudiced by failure to hand him the statements from which the officer read.
For the reasons previously assigned, the defendant's motions for dismissal of the action and for a new trial were properly denied.
We are of the opinion there was no miscarriage of justice in this action.
The judgment and the order denying a new trial are affirmed.
THOMPSON, Justice.
ADAMS, P. J., and SCHOTTKY, Justice pro tem., concur. Hearing denied; CARTER and SCHAUER, JJ., dissenting.


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Q: Redirect to another controller in yii2 I want to redirect to another action in different controller.
This is my code:
$tempData[] = $rowData;
return $this->redirect(array('customize-header/show-headers', 'arr' => $tempData));

and this is the actionShowHeader in purpose controller:
public function actionShowHeaders($arr) {
    $model = new CustomizeHeader();
    $items = CustomizeHeader::getAllHeader();
    return $this->render('view', [
                'model' => $model,
                'items' => $items,
    ]);
}

but I got this error

Anybody know how to solve this?

A: The error has been solved! I just convert the array using json_encode, this is the code: $tempData = json_encode($arrayData); return Yii::$app->response->redirect(['customize-header/sorting-headers', 'tempData' => $tempData]);

redpajama_set_name: RedPajamaStackExchange


text:
The Jumbo Package | 7.30.12
By Todd Jul 30, 2012, 7:42am CDT
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How the 12th game manipulated college football | al.com
But it's worth watching what nonconference schedules across the country will look like in the future. Come 2014, strength of schedule will play a role with the playoff selection committee. Will conferences truly beef up their opponents? More likely, they'll try to manipulate the system the way college basketball teams sometimes exploit the Ratings Percentage Index. The goal: Beef up the bottom teams so their strength of schedule is more palatable to the conference's elite programs when they play. There's a science in gaming the system. Considering how the 12th game has gamed fans, bet on manipulation.
Our Top 25 preseason countdown: No. 1 Alabama
Alabama has more road graders than the state Department of Transportation and should have the most formidable offensive line in college football this season. Four starters return from a group that allowed only 17 sacks in 2011. The Tide did lose a center but will replace him with 6-5, 302-pound left tackle Barrett Jones, who simply won the Outland Trophy and probably would have been a first-round NFL draft choice had he come out after his junior season. Jones and 320-pound senior Chance Warmack, an All-Southeastern Conference second-team choice, should be the best center-guard tandem in America. On the right side, 6-6, 335-pound tackle D.J. Fluker steamrolls defenders, and guard Anthony Steen is as strong as they come. Meanwhile, filling in at Jones' left tackle spot will be Cyrus Kouandjio, a 6-6, 322-pound sophomore from Australia who played seven games a year ago before injuring a knee.
TideSports.com - HURT: Michigan could steal the spotlight with a win
There can be no overestimation of how many times Robinson will be in front of the media over the next five weeks, and no way to overstate how important the game against Alabama will be for Robinson personally, for Michigan as a team and for the Big Ten as a league. The reason, of course, is that Alabama, once again, is the symbol of big-time college football, a byword for all the positives and negatives of the sport. It is why Nick Saban's face is on every magazine and most episodes off College Football Today, and also the reason his name comes up in a negative light from an attention-seeking, ax-grinding agent.
Flashback: Fallout from 1966 unbeaten season | The Daily Bama Blog
Offensive lineman Byrd Williams, a senior on the 1966 team, recalled recently how disappointing it was that Alabama wasn't voted No. 1 in either The Associated Press rankings or coaches' poll. The Crimson Tide (11-0) was No. 3 behind No. 1 Notre Dame and No. 2 Michigan State. For the team, it was a bit of a realization that even Bear Bryant, college football's greatest and most influential coach, couldn't always sway everybody within his sport. For the team, it was a bit of a realization that even Bear Bryant, college football's greatest and most influential coach, couldn't always sway everybody within his sport. "The fact that we didn't win in 1966 might've hurt Alabama in 1967 an '68," Williams said while on vacation in Jackson Hole, Wyo. "The truth is, we had great faith in Coach Bryant, and we always believed that if we did everything he told us to do, we would win the national championship."
Welcome to CW Sports " Alabama basketball summer update: Mitchell, Pollard, Gueye and more
One storyline that Crimson Tide fans will want to keep an eye on as the basketball season approaches is how freshman Devonta Pollard fits in with Alabama's system. Pollard, a five-star prospect from Mississippi, committed to Alabama on June 1 and was the Tide's lone signee for the class of 2012. But already, Pollard is showing why he was so highly touted out of high school. "He's really athletic. He's living up to all the hype," Steele said. "He's going to play a huge part. Obviously as a freshman it's going to be tough, but before the year's over with he's going to be a real big part of our success so we're glad to have him." "Just the athleticism," Eblen said. "He's active, high-flyer, around the rim. He'll definitely be a contributor early." And it didn't take long for him to open some eyes around the team. "I remember the first day he came and played pickup, and somebody missed a shot and he came and just dunked it back from a couple steps inside the free throw line," Steele said. "It reminded me of Tony Mitchell a lot, but even more athletic, if you can imagine that."
The LSU Tigers football team faces five main questions at the start of camp | NOLA.com
1. Can the team turn the BCS title flop into a viable source of motivation? LSU fans are still asking "What happened?" in the Tigers' 21-0 loss to the Crimson Tide at the Mercedes-Benz Superdome, and they might keep asking into the 2012 season. Where was the dominance? Where was the running game? Where were the big defensive plays? Where were the answers? There still has been no insightful, encompassing answer from Coach Les Miles beyond the fact they played poorly and were beaten by the better team. Having to play a team they earlier defeated in a second game for the title should not be underrated, but all that is really left for LSU is to turn the loss into something positive for this season.
LSU football gets official visit from Penn State quarterback Rob Bolden | NOLA.com
Penn State quarterback Rob Bolden is making an official visit to LSU this weekend and might transfer to the Tigers program, a source close to the situation said Sunday. A 6-feet-3, 214-pound junior from Orchard Lake, Mich., Bolden is one of several Penn State players considering transferring after the NCAA handed Penn State severe penalties in wake of the Jerry Sandusky child sex abuse scandal.
Alabama Knows Texas A&M Pretty Well, But Might Like to Forget Missouri // SEC 2012: The New SEC - Team Speed Kills
One of the more interesting transformations in the intersecting histories of the two programs is Gene Stallings. Stallings was 27-45-1 at Texas A&M; there are only three Aggies coaches who spent more than one year in College Station and ended their tenure with a worse winning percentage. Stallings, of course, would eventually head to Tuscaloosa and win Alabama's first national title in 13 years for the Tide, the first since another former A&M coach by the name of Bear Bryant walked the sidelines at Bryant-Denny Stadium. Stallings won four division titles and conference championship to go along with the national honors in 1992 before leaving somewhat controversially after the 1996 season, with rumors saying he clashed with the new administration.
Cleveland Browns Trent Richardson wows record camp crowd on first day in full pads | cleveland.com
Defensive tackle Brian Schaefering indoctrinated Richardson on his first run in team drills, tossing him to the ground near the line of scrimmage. But he popped back up with some extra fire in his belly and ripped off two straight runs to the left for about 5 and 10 yards. "Oh, yeah, most definitely [I'll get tested] and that's how it's going to be," he said. "It's a contact sport and I love contact. So when it comes down to it, you've got to expect that, especially when you're the first pick of the draft and you're for the Cleveland Browns. There's a lot of tradition here as far as running backs, just the whole football program. Defenses, they're always turned up, so when you're getting checked by them every time, it's going to make you better on game day."
Browns notebook: Richardson takes his first hits - Canton, OH - CantonRep.com
Rookie running back Trent Richardson ran with authority and zest during his first NFL practice in pads. "Everybody was getting their sea legs back," Richardson said. "Good thuds up ... if you don't love contact, you're in the wrong sport. "I think when I get in the full pads, it's a whole other me." Richardson became the Brown's No. 1 running back the moment he was claimed at No. 3 overall in the draft. "It's only pressure if you make it pressure," he says now, three months after the draft.
Sanchez jokes about muzzling McElroy | ProFootballTalk
Though some thought the Jets would respond to McElroy's comments by getting rid of him (and it would have been hard to blame them), he ultimately could be getting a cold plate of scram, coming at a time when it's far too late to become ensconced with a new team for the coming season.
Q&A with Saints' Mark Ingram | Fox10tv.com
"The rookie year was just a complete learning experience, just coming in, being familiar with my teammates, getting comfortable with my coaches, the organization, the playbook and everything else. I learned the playbook last year and this offseason, just studying it and watching film. Your second year in the NFL, I think you grow a little bit more. It was similar to your freshman year in college. My freshman year, I did some good things. My sophomore year, I grew into a better player by learning offense and learning how to read defenses. I just think your second year in the league you grow more as a player and I think that could bring some more success."
and etc.
Video: Michigan's Brady Hoke - Big Ten Blog - ESPN
Battles of Berea: Browns FB Owen Marecic must hold off rookie Brad Smelley; TE Jordan Cameron pushing for playing time - Browns - Ohio
Top 10 Performances: Marcell Dareus vs. Washington
Marcell Dareus giddy over Buffalo Bills' new defensive line | al.com
As experts predicted, ESPN will pay $80m/year for the Champions Bowl - Team Speed Kills
London Olympics: Softball torchbearers hope their flame is relit - latimes.com
NCAA Final Four Futures: Odds of an Alabama basketball national title

redpajama_set_name: RedPajamaCommonCrawl


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Belize Mission Update: July 2014
by Clive Welsh | Jul 22, 2014 | Lighthouse Radio
"Commit your works to the Lord, and your thoughts will be established." Proverbs 16:3
The month of June was filled with graduations, weddings, disappointments, betrayal, possibilities, answers to prayers, unexpected honors, encouragements, and holding fast to the Person of Jesus Christ! I often stop and laugh to myself as I think about a typical day in the live of Clive which makes it comical because no two days are ever the same nor can the events of the day be anticipated. It would definitely be an amusing and nonstop movie with very few commercial interruptions. I thank the Lord for the opportunities given to me daily to serve Him in the lives of many in the country of Belize!
GRADUATION:
With graduations quickly approaching, I contacted the San Pedro Roman Catholic Primary School's principal in order to interview
some of their students for our program "Who's Who in San Pedro." Mrs. Kay, the principal showed up to our studio with 9 of her top students who were graduating with honors (2 scored highest on national examinations) and I had such a great time interviewing them as we talked about some of the things learned and anticipation for their future. It was such a delight and it greatly encouraged me to see the up and coming leaders in San Pedro. A day later I received a call from the principal asking if I would consider being their guest speaker for the upcoming graduation ceremony. An unexpected honor beyond words as I would have the opportunity to speak to the graduating class of 90 students and their parents and invited guests. Interestingly enough, many who graduated had participated in the Sports Camps and other outreaches that Lighthouse Christian Radio Ministry hosted over the years with various mission teams. The Lord place 2 Timothy 4:12 on my heart instantly and I shared Paul's admonition to young Timothy to 'not allow anyone to look down on you because you are young but to be an example of the believer.' It was indeed an honor to present the gospel to the packed auditorium with the Mayor of San Pedro Town and the Area Representative/minister of Tourism in attendance. Please pray that God would truly raise up bright and shining examples of Christ from this graduating class that would spark a revival fire in San Pedro Town!
Clive sharing at the San Pedro Roman Catholic Primary School Graduation.
WEDDING:
The following day, I did something I have never done before in my entire life. I was late to a wedding I was officiating at the famous Ramon's Village & Resort. It was like one of those repeating nightmare that you awake from in a cold wet and overjoyed when you realized it was just a bad dream. Well, this was not a dream and an incident I hope never to repeat again. The owner of Ramon's Village requested that I perform the wedding of the son of a close friend of his as they were desiring a Christian wedding. It was a destination wedding with a week of expeditions before their big day. The bride and groom lined up with their 10 guests waiting for the Officiator who had over extended himself and mistakenly wrote down the wrong time in his schedule. God was gracious and so was the bride and wedding party and the event turned out very well. That will NEVER happen again!
Clive officiating a wedding at Ramon's Village & Resort.
MORE GRADUATIONS:
Brighter Tomorrow Preschool graduating students.
The next day, I had the honor of speaking at the Brighter Tomorrow Preschool. This is another ministry that Lighthouse supports with mission teams, advertisements, and encouragement. This is usually the highlight of all graduations I attend each year as I see the beautiful faces of these 21 little ones in their caps and gowns. Challenging the parents to nurture them in the things of the Lord today so they can bring forth fruits in the future. That evening, I gave a brief speech and a prayer for a Home School Graduation with only one student graduating, definitely a first for me but a blessing indeed. That was a busy weekend in the live of Clive and very grateful to be salt and light to the residents of San Pedro Town as an outlet of Lighthouse Christian
Clive praying for the only graduate of private school.
DISSAPPOINTMENT & BETRAYAL:
The staff dilemmas climaxed after the instabilities, disrespect and outright defiance continued and I could no longer tolerate it even if it meant that we shut down the radio station temporarily. The young man was the only one who was able to operate the station and thus felt that he could do what he wanted to do and when he desired. I felt as if I was being held hostage and after months of extending mercy and showing much grace, I felt it had gone too far. The summer intern had learned enough to keep us a float so we dismissed the young man after not showing up to work one day after being repeatedly late. Adding insult to injury, when I returned from being away on the mainland for a few days, my brand new Apple which was a gift to me from one of my supports through the Saving Grace World Mission fundraiser was stolen. Needless to say, the awful feeling of betrayal of trust by someone who had access to the master keys and got into my apartment. Weeks have passed and after much investigation and denial on the part of the two recently released staff, I've concluded that it's gone. The sense of personal violation and severe hurt cannot be expressed but I realize that is one of the realities of caring and reaching out to people who desperately need a Savior!
ENCOURAGEMENT & ANSWER TO PRAYERS:
Elmer Montero returns to Lighthouse; preparing Evening News!
In the midst of all of the staff issues at the Lighthouse over the past year, I'm especially thankful to the Lord for prompting me to withdraw from facilitating the short term mission teams. I have seen the need for a group/team to be established in order to more effectively hosting teams and I've been doing it by myself over the years which left the radio station in a very difficult place even when we had permanent staffing. With the lack of competent, reliable, likeminded, and ministry minded servants, I have had to withdraw from a lot opportunities and struggle with having to say 'no'. As I was at that crossroad once again and really determined that God is desiring to keep Lighthouse on the air, Elmer Montero came by to see me. He is the young man who worked with us for a total of 3 years who left to pursue establishing his own computer repair business. As it turned out, the job he took while preparing to launch his business was not working out and he offered to come back part time and help us. What an encouragement from the Lord as he quickly jumped back in and began getting things established and immediately began broadcasting the Nightly News once again!
Pastors & leaders meeting to discuss possible Crusade in San Pedro!
I received an email from a brother in Christ who has a great desire to see God work on Ambergris Caye after we met for lunch when he was here on business. I shared our desire to respond to the Mayor's request for help with the youth and crime on the island. In his email be mentioned an evangelist/missionary friend of his who has a great desire to do conduct an crusade/evangelical outreach and was requesting my assistance in coordinating it. My heart was glad as I saw the great need and so I met with the pastors/leaders of the Evangelical Alliance of San Pedro to share with them and get their feedback because I knew that I would not be able to undertake sure an event without their help. To make a very long story short, this brother who serves in San Salvador made a short trip to Belize to meet with us and share his heart and to see how he could be of help to us in this venture. After he left and I spent some time sharing heart to heart with several of the pastors, we all felt that the pastors and their leadership teams were not prepared or equipped for such an undertaking. There was a greater need for the churches to prepare internally and any investment should be first in that area. Again, I see that so much work goes into such events and the end results of solid follow up; discipleship, mentoring and healthy teaching must be a priority. Please pray for ways to effectively prepare pastors and their leaders to equip their people for the work of the ministry!
PRAYERS & THANKSFULNESS:
Continual protection as we approach the peak hurricane season!
For stability at the radio station so I can take a needed vacation.
Mature, reliable, spirit-filled, ministry minded staff/missionaries.
The ability to say 'no' to needs and 'yes' to God led service!
Charles & Michelle as they return back to US to assist their kids.
Pastors in the Evangelical Alliance of San Pedro; united vision!
The Journey Thru John, new believers bible study on Wednesday.
Action Twenty 24 Sports Ministry as they conduct Sports Camp!
Thankful for God's provisions and answers to prayers!
Thankful for His unwavering faithfulness.
Thank you for taking the time to read this Update and for co-laboring alongside of me in the various ministries in the country of Belize.
In the grips of His grace,
Clive Welsh
Mark Wandyaka of Uganda
Lighthouse Christian Radio Ministry: Fall 2019 Mission Update
Lighthouse Christian Radio Ministry Update: Shining the Light since 2004!
He Intends Victory Board Update: Meet Rusty Veary
He Intends Victory Belize Update: October 2018
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Verold > Blog > General > inhuman or inhumane
inhuman or inhumane
Inhuman definition: If you describe treatment or an action as inhuman , you mean that it is extremely cruel. The opposition claim that with the widespread growth of grocery stores, hunting is now unnecessary. Inhumane definition is - not humane : inhuman. | Meaning, pronunciation, translations and examples Inhumane definition: If you describe something as inhumane , you mean that it is extremely cruel. An argument becoming more widespread in the world is whether or not hunting is an inhumane and cruel act, or a necessary way of life. Inhumane is a see also of unhuman. Another word for inhumane. The present article seeks to clarify the distinction between torture and cruel, inhuman or degrading treatment. See more. Torture is a crime anywhere in Australia under the Commonwealth Criminal Code Act 1995 (Division 274). The concept of inhuman treatment and punishment is the least developped of the three concepts (degrading treatment, inhuman treatment, torture) for different forms of ill-treatment. Inhumane definition, not humane; lacking humanity, kindness, compassion, etc. Almost 60 others, including three women, are awaiting execution in conditions of detention which sometimes amount to torture or ill-treatment. 2 3. 1. As adjectives the difference between inhumane and unhuman is that inhumane is lacking pity or compassion for misery and suffering; cruel, unkind, not humane while unhuman is not resembling or having the qualities of a human being. 1238 In March 2006, the German-manufactured pharmaceutical code-named TGN1412 was eligible to be tested on humans after passing animal tests in mice, rats, and monkeys. What is Inhuman Treatment? The rights in the Human Rights Convention, including freedom from inhuman and degrading treatment, take effect in UK law through the Human Rights Act. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 … Another word for inhuman. Executions violate the right to life. Widely accepted definitions of torture, such as that provided by the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, 1 refer to torture as "severe pain or suffering, whether physical or mental," inflicted on a person for particular purposes. It is 'inhuman' to torture, starve, rape, or mutilate other people, or to indiscriminately destroy their homes, places of work, or their communities. Define inhumane. How to use inhumane in a sentence. Death penalty controversy is nothing new in the United States. Economic and Social Council decision 1984/138 of 24 May 1984 (Draft convention against torture and other cruel, inhuman or degrading treatment or punishment) Report of the Secretary-General to the General Assembly "Torture and other cruel, inhuman or degrading treatment or punishment" (A/39/499 and Add. The death penalty is the ultimate cruel, inhuman and degrading punishment. 'The brutal and inhuman methods of these organizations bespeak not liberation, but provocation.' 'Around 68 years ago a man rose to power in Germany, a man who would unleash the most inhuman reign of any human being in history.' Briefly inhuman relates primarily to brutal or degrading treatment, usually dished out by one person to another. Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in a joint statement dated 12 September 2019. Torture is deliberate inhumane treatment, causing very … In the UK treating others in an inhuman way whether it be causing them suffering, fear or humiliation are violations of human dignity. | Meaning, pronunciation, translations and examples Find more ways to say inhuman, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. The death penalty is a violation of human rights. Animal Testing: Inhumane And Ineffective Why animal testing for the development of pharmaceuticals should be stopped. inhumane synonyms, inhumane pronunciation, inhumane translation, English dictionary definition of inhumane. 1-2, 2 October 1984) Torture and other conduct that is cruel, inhuman or degrading is often a criminal offence. So cruel acts, such as we saw in Nazi Germany, are performed by human beings and yet are inhuman and inhumane. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Your rights are protected by the Human Rights Act 1998 (HRA), under article 3. In the United States, there is no federal law protecting preborn children from abortion at any time. The Inhuman Royal Family have been adapted to numerous Marvel animated series and video games over the years. Inhuman characters were introduced in live-action in the second season of Agents of S.H.I.E.L.D., while the Inhuman Royal Family are featured in the TV series Inhumans, which premiered in 2017. To be inhumane means to lack compassion and kindness, not merciful. To me, an 'inhumane' person and an 'inhuman' person both lack the emotions of kindness, pity, or compassion towards other people. lacking humanity, kindness, compassion, etc. Most people chose this as the best definition of inhumane: The definition of inhuman... See the dictionary meaning, pronunciation, and sentence examples. Find more ways to say inhumane, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. 4. inhumane meaning: 1. cruel and causing suffering to people or animals: 2. cruel and causing suffering to people or…. Megan Logue. All citizens residing in the UK have the automatic right to be free from degrading and inhuman treatment. ; cruel to animals; brutal Not to be confused with: inhuman – unfeeling, not sympathetic, savage; not suited for... Inhumane - definition of inhumane by The Free Dictionary. In 2019, restraint was used just over 38,000 times in England. Many people consider factory farming (behaviour) as inhumane. How are 'torture' and 'inhuman and degrading treatment' defined? Sep 21, 2015. In 2017, there were 22,000 reports of restraint. bition against torture and cruel, inhuman, or degrading treatment. In 2013, the grotesque findings inside abortionist Kermit Gosnell's "House of Horrors" shocked the nation. The prisoners (subject) were exposed to inhuman treatment. Inhuman definition, lacking qualities of sympathy, pity, warmth, compassion, or the like; cruel; brutal: an inhuman master. Nine prisoners have been executed in Japan over the past two years. Inhuman: Late-Term Abortion. Most people chose this as the best definition of inhuman: Lacking kindness, pity, o... See the dictionary meaning, pronunciation, and sentence examples. Learn more. See more. The Article concludes with a summary of the relevance of inter-national jurisprudence in assessing whether detainees held by the United States in Guantdnamo, Afghanistan, or Iraq have been subjected to torture or cruel, inhuman… Practice Choose the correct word, inhuman or inhumane, in each of the following sentences. Many opposes the idea of hunting and believe it is an unnecessary, inhumane slaughtering of defenseless animals. inhuman: See: brutal , cruel , diabolic , harsh , malignant , oppressive , ruthless , vicious Fordham University. As I understand the terms: * Inhuman means contrary to our humanity, thus also inhumane and harmful to humanity. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture (UNCAT)) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
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This infographic goes car accident deaths in the state of Utah. It talks about the leading causes and contributing factors. The Infographic was produced by Christensen & Hymas – Utah's Car Accident Lawyers. Their intention behind the creation of the infographic is to educate Utah's citizens about the reality and dangers of unsafe driving.
The infographic provides accurate date regarding the 2015 Utah fatal crash synopsis. It is reported that multiple factors could have contributed to a fatal accident and that is why the percentages added together are greater than 100%. What is more, it is estimated that after seeing record lows in 2012 and 2013, deaths increased 25% from 2013. Nearly half of distracted driver crashes were rear-end collisions. In comparison, 28.9% of all crashes were read-end collisions. Read the full infographic to learn more about Utah Car Accident Deaths.


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The best way to talk to Navient customer support team, according to other Navient customers, is by calling their 001888-272-5543 Customer service number.This is Navient 's best Customer service phone number. Navient is the most popular in the United States. Navient was launched in 2014 by John Jack F. Remondi in the United States. Navient has started offering Financial services. Navient has 6,000 employees. Navient Headquarters is in Delaware, United States.You can contact Navient across the following mediums Customer service number, Email, Web.If you think this information is incorrect & know of other ways to connect Navient please let us know so we can share with other customers.
Contact a Navient customer care executive on this telephone number. For more information regarding Financial services, please utilize the phone numbers given below for each division.


text:
Al McBean
This article includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations. (July 2015)
Born: (1938-05-15) May 15, 1938 (age 81)
Charlotte Amalie, United States Virgin Islands
Batted: Right Threw: Right
July 2, 1961, for the Pittsburgh Pirates
May 10, 1970, for the Pittsburgh Pirates
Win–loss record
Pittsburgh Pirates (1961–1968)
San Diego Padres (1969)
Los Angeles Dodgers (1969–1970)
Pittsburgh Pirates (1970)
Alvin O'Neal McBean (born May 15, 1938) is a retired professional baseball player who played 10 seasons for the Pittsburgh Pirates, San Diego Padres, and Los Angeles Dodgers of Major League Baseball.
List of Major League Baseball all-time saves leaders
Career statistics and player information from MLB, or Baseball-Reference, or Fangraphs, or The Baseball Cube, or Baseball-Reference (Minors)
This biographical article relating to an American baseball pitcher born in the 1930s is a stub. You can help Infogalactic by expanding it.
Retrieved from "https://infogalactic.com/w/index.php?title=Al_McBean&oldid=691758390"
Articles lacking in-text citations from July 2015
Major League Baseball pitchers
Pittsburgh Pirates players
San Diego Padres players
Los Angeles Dodgers players
Major League Baseball players from the United States Virgin Islands
Clinton Pirates players
Salem Rebels players
Wilson Tobs players
Savannah Pirates players
Columbus Jets players
Eugene Emeralds players
People from Saint Thomas, U.S. Virgin Islands
American baseball pitcher, 1930s births stubs


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Drew, Audrey, Audrey Drew diaries, 1941-1945
Drew, Audrey, Audrey Drew diaries., 1941-1945
Drew, Audrey.
Audrey Drew diaries.
London, 1941-1945.
6 volumes ; 14 cm
D760.8.L7 D74 1941
Manuscript pocket diaries kept by Audrey Drew, of Streatham (London), from 1941 to 1945. The collection consists of six small, red notebooks, all but one bearing the insignia of Callender's Cable & Construction Company, where Drew worked. The notebooks are divided by year, with two for 1941, and individual ones for 1942, 1943, 1944, and 1945. The notebooks allow a few lines for each day, and have space for addresses, phone numbers, and other information in the back pages, which Drew has, in most cases, filled in with contact information for various individuals. Five of the notebooks contain primarily personal entries, while one records war news and air raids almost exclusively.
Drew lived in London, and worked as a secretary for Callender's. She taught Sunday school in her free time. The majority of the notebooks describe her routines, interests, and friends: she goes to the movies frequently, enjoys the opera (especially Peter Grimes and La Bohème), and relates small bits of neighborhood news. She notes her attendance at church events, her attempts at learning teleprinting, and other everyday activities. She also gives accounts of her family and friends, especially her parents, and her sister Doris. Doris's trips, illnesses, and boyfriend (who, it is suggested, may have returned from the war disabled) all figure prominently in Drew's account.
Even in the notebooks devoted to daily occurrences, however, the war looms large. Drew corresponds, for instance, with a friend who has volunteered for the Royal Air Force, who says he may be deployed to Burma. She remarks on who's home on leave, and, in one instance, on a friend's relationship with an American soldier. She records her own and other's turns on fire watch (reporting fires started by bombs to the fire department) and, in the later years, notes several V2 or rocket attacks, along with casualties and damage. Occasionally, she appears to refer to rationing or the difficulty of finding particular goods, such as when she remarks on an unsuccessful shopping trip, counts coupons needed for clothing, or emphasizes the amount of food at a gathering or party. Towards the end of the war, the daily events give way to updates on the war, with almost daily entries on the progress of Russian, American, and British troops towards Berlin. She marks VE Day in her journal, and likewise notes the surrender of Japan, though Drew gives far less attention to the latter -- or the Pacific theater in general -- and makes no mention of the atom bomb. At one point, lamenting the differing stories about when and how Japan and Germany will surrender, she writes, "there are still every so many rumors."
One notebook -- for 1941 -- is devoted entirely to war-related events and news. Here, rather than recounting her daily activities, or the routines of her family and friends, Drew records air raid activity, damage done, fires started, and time spent on fire watch. She records nighttime and daytime raids on an almost daily basis, though there are some calm spells. At one point, Drew writes: "I think Hitler must be keeping his planes for the Mediterranean now Italy is doing so badly." Updates on other wartime developments comprise the other major component of the journal: Drew records the progress of British forces in Africa, German expansion in the Balkans, and significant naval encounters between the British and Germans. Other parts of the British Empire make an appearance as well: Iraq, where anti-British nationalists received Nazi support, is subject of at least one entry.
Callender's Cable & Construction Company.
Drew, Audrey -- Diaries.
Drew, Doris.
London (England) -- History -- Bombardment, 1940-1941.
London (England) -- Social life and customs -- 20th century.
Opera -- England -- London.
Rationing -- Great Britain.
World War, 1939-1945 -- Aerial operations, German.
World War, 1939-1945 -- England -- London.
World War, 1939-1945 -- Personal narratives, British.


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It's Gonna Be a Long Night may refer to:

"It's Gonna Be a Long Night", a song by Human Nature
"It's Gonna Be a Long Night", a song by Ween

redpajama_set_name: RedPajamaWikipedia


We might marvel at the progress made in every field of study, but the methods of testing a person's knowledge and ability remain as primitive as ever they were.It really is extraordinary that after all these years, educationists have still failed to device anything more efficient and reliable than examinations.For all the pious claim that examinations text what you know, it is common knowledge that they more often do the exact opposite.They may be a good means of testing memory, or the knack of working rapidly under extreme pressure, but they can tell you nothing about a person's true ability and aptitude.
As anxiety-makers, examinations are second to none.That is because so much depends on them.They are the mark of success of failure in our society.Your whole future may be decided in one fateful day.It doesn't matter that you weren't feeling very well, or that your mother died.Little things like that don't count:the exam goes on.No one can give of his best when he is in mortal terror, or after a sleepless night, yet this is precisely what the examination system expects him to do.The moment a child begins school, he enters a world of vicious competition where success and failure are clearly defined and measured.Can we wonder at the increasing number of 'drop-outs':young people who are written off as utter failures before they have even embarked on a career? Can we be surprised at the suicide rate among students?
A good education should, among other things, train you to think for yourself.The examination system does anything but that.What has to be learnt is rigidly laid down by a syllabus, so the student is encouraged to memorize.Examinations do not motivate a student to read widely, but to restrict his reading; they do not enable him to seek more and more knowledge, but induce cramming.They lower the standards of teaching, for they deprive the teacher of all freedoms.Teachers themselves are often judged by examination results and instead of teaching their subjects, they are reduced to training their students in exam techniques which they despise.The most successful candidates are not always the best educated; they are the best trained in the technique of working under duress.
[A] examinations exert a pernicious influence on education.
[C] examinations are profitable for institutions.
[D] examinations are a burden on students.
[A] to encourage students to read widely.
[B] to train students to think on their own.
[C] to teach students how to tackle exams.
[D] to master his fate.
Why does the author mention court?
[C] It shows that teachers' evolutions depend on the results of examinations.
[D] It shows the results of court is more effectise.


It seems like pop-up cards and gift card holder cards are becoming popular again. This is such a great way to send a thank you, congratulations or even just a greeting with a nice gift holder to friends, family and co-workers. I recently saw some pop-up cards done with acetate, and I thought this would work great for gift cards as well.


Shley Kinser's first event as a SLUG marketing teamster was back in 2013 at our infamous 24th Anniversary tattoo parlor: Folks lined up for free SLUG tattoos from six local tattoo studios. Since then, she has lent SLUG her savvy skills at various marketing events. Her favorites include tabling for SLUG for Record Store Day, the SLUG Cat (happening this year on May 14) and SLUG's anniversary parties. Kinser enjoys spreading the word about SLUG, meeting new people and mingling with our wonderful marketing team. She also works as a graphic artist and muralist—check out her mudras at Este Deli on 1702 S. Main St., and her murals at the 9th & 9th Skatepark and on 900 South and West Temple. Amid all her talent, we're doing cartwheels when Shley Kinser's reppin' SLUG.


This is a website dedicated to me, Brian De Vitis. After R2D2's relative success I decided to build a website to showcase the project. Then, after thinking about it, I decided to make the website for more than just R2D2. So here you will find many of my projects, some of my failed ideas, and some information about me.
One day I decided to do something with all of the broken video game consoles I had from R2D2. Here are the results so far!
I finally got a page up about this project! In 2008-2009 I had the privilege of co-leading a great team of engineers. In this article, I talk about how we came up with the design, how we built it, and how it performed in the competition, ASME HPVC West.
Published in Popular Science, this droid currently has eleven video game consoles, a computer, a sound system with eight speakers, and a projector seamlessly integrated into its body. This R2D2 is designed to be an all in one entertainment system.
During my first three years of high school I built a life size human left arm with 12 motors to give it human like animation. It can get to any position a human arm can. The arm was constructed using balsa wood, hobby motors, wood glue, and basic hand tools.
At one of my jobs I was given the opportunity to choose a "ten percent project", something I could use ten percent of my work hours on. For my ten percent project I chose to build a solenoid engine.
For one of the introductory classes in mechanical engineering at Seattle University, students get to prototype one invention. In 2006, my group chose to develop a cup that could cool your drink using computer duster cans.


Note- WILL NOT FIT EDDIE BAUER MODEL DUE TO FLARES. MADE FROM TOUGH FLEXABLE URETHANE. This part number is for a Generation 1 lower Valance for the Ford Expedition 2003-2006. Please note that we have developed more than one style of Bumper Cover or Valance for this model vehicle. We call these different styles �Generations�. All �Generations� or �Styles� listed for your make and model year will fit your vehicle and can be seen elsewhere on this web sight.It just depends on your taste in styling as to which Generation product you choose. You should also note that a valance is considered a part that goes below the bumper area while a bumper cover/valance is considered to be a product that goes over your factory bumper and continues down to the valance area. (Both our Bumper covers and valances keep the original bumper integrity in place for crash protection) For the complete look, check out our matching Speed Grilles, billet grilles and driving lights for this bumper cover that are listed elsewhere on this web sight.


text:
Home › The Story of Croke Park
The Story of Croke Park
It may seem strange to us now, but for a long time, with Ireland ruled by Britain, it was against the law to play sports like hurling and Gaelic football. That has all changed, and football, hurling and camogie are Ireland's most popular sports.
Gaelic sports icon Micheál Ó Muircheartaigh shares his lifelong passion for the GAA with young readers, as he guides them through its history, and its most iconic stadium, Croke Park. The stadium changed as Ireland changed, and it has been the venue for some of the most memorable matches in our history, as well as major historic events like Bloody Sunday.
Micheál picks his favourite players, matches and incidents from history and talks about the thrilling experience of commentating on games, and seeing the fabled cups - Sam Maguire, Liam McCarthy, O'Duffy and Brendan Martin - being held high by the All Ireland winners.
A must for all young GAA fans.
Literature Association of Ireland - Children's Book Award: Age 10-13, 2021 - Winner
Irish Book Awards - Specsavers Children's Book of the Year (Senior) 2019 - Shortlisted
Author: Micheál Ó Muircheartaigh
Illustrator: Graham Corcoran
Size: 28 x 22 cm, 48 pages


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Bizarre, Criminal law, Politics, Society July 25, 2010 July 25, 2010
Meet Robert Rizzo, the 13 Million Dollar Man
Meet Robert Rizzo, California's $13 million man. Yesterday, we discussed how, while Rizzo and two of his colleagues have resigned from their positions with the small town of Bell (where Rizzo was pulling in a salary of roughly $800,000 a year), they will still be able to collect millions in pension. In Rizzo's case, his $650,000 annual pension could yield $13 million in twenty years.
California Attorney General Jerry Brown has announced a joint investigation with the enormous California Public Employees Retirement System into the salaries and pensions. However, assuming these were approved by the officials in Bell, I fail to see how such compensation would be fraud or theft unless there is somr state law limiting such salaries. There is a state law limiting the compensation for part-time council members, which allegedly was surpassed in this case. There could be a claim of a conspiracy, but it is hard to have a conspiracy if the compensation packages were presented in open council meetings. Obviously, any allegations of kickbacks tied to self-dealing would change that equation.
This mug shot of Rizzo was taken after his earlier arrest for DUI — for which he received alcohol counseling. A resident called police after Rizzo allegedly ran into their mailbox and then drove into an alley.
Source: OCRegister
For Whom The Bell Tolls: City Manager Could Receive $13 Million in Pension Funds
Belt-Tightening: German Legislator Calls For Taxing the Obese
21 thoughts on "Meet Robert Rizzo, the 13 Million Dollar Man"
Buddha Is Laughing says:
http://jonathanturley.org/corrections/#comment-160997


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Q: Pretrained yolov5 returns list of tensors instead of yolo objects I have the following code:
class yolo_mask_model(pl.LightningModule):
    def __init__(self, weight_path = '/home/vitouser/workspace/yolov5/runs/train/exp6/weights/best.pt', beta_parameter=3):
        super(yolo_mask_model, self).__init__()
        self.save_hyperparameters()
        self.pretrained_yolo = torch.hub.load('ultralytics/yolov5', 'custom', path=weight_path) #, 'yolov5s')#
        self.pretrained_yolo.eval()
        self.beta_parameter = beta_parameter

    def forward(self, input):
        yolo_output = self.pretrained_yolo(input)
        print(yolo_output)
        for index,row in yolo_output.pandas().xyxy[0].iloc[::-1].iterrows():
            do something

However I get the following error
Exception has occurred: AttributeError 'list' object has no attribute 'pandas'
upon further inspection yolo_output is a list of the tensors. (I am guessing there are 3 objects in the image)
for tensor in yolo_output: print(tensor.size())
torch.Size([1, 3, 40, 80, 8])
torch.Size([1, 3, 20, 40, 8])
torch.Size([1, 3, 10, 20, 8])

According the the documentation I understand, that the model output should be some kind of yolo object.
if I replace my main
__name__ == '__main__':
    mymodel = yolo_mask_model()
    image = Image.open("my_image.jpeg")
    transform = transforms.Compose([transforms.Resize((320,640)),transforms.ToTensor()])
    tensor = transform(image)
    input_tensor = torch.unsqueeze(tensor, 0)
    output = mymodel(input_tensor)

with the following code from the documentation the results is as expected.
if __name__ == '__main__':
    imgs = ["my_image.jpeg"]
    mymodel = yolo_mask_model()
    results = mymodel(imgs)

Where is my mistake when providing a tensor?


Rene Yañez, Google Sucking the Soul Out of the Mission, 2014. Exhibited at Mutiny Radio, 21st Street & Florida, San Francisco, CA.
Modeled on Wikipedia, Collective Memory is an online regional archive for socially-engaged art practices and creative political activism. This community archive documents the prolific and longstanding tradition of art and activism in the Bay Area to provide inspiration for future generations of artists and activists. We invite everyone to recall and contribute historical work as well as to document current work by artists and activists on this collaboratively edited site. Drawing on the rich resources of Collective Memory, the archive also provides content for arts-integrated social justice curricula for Bay Area teaching artists, educators, and their students.


Euphoria is a concept born 10 years ago at the height of the Trance explosion, the title summing up the euphoric feeling of clubbers all over the UK when the breakdown of their favourite Trance anthem kicked in.
Trance is no longer at the forefront of the UK's dance scene but the name Euphoria sums up a scene that is. Mention the names Swedish House Mafia, David Guetta, Deadmau5, Eric Prydz and an image of thousands of kids with glow-sticks, their hands in the air immediately comes to mind. The superstar DJ has returned and Arena's and Festivals are selling out with kids desperate to go and see them.
The crossover of R&B/dance fusion has of course played an essential role in this explosion, Chris Brown & Benny Benassi, Calvin Harris & Kelis, Leona Lewis & Avicii, all of which are massive Euphoric dance anthems that have traversed over to the mainstream of late. This epic releases provides 3CD's of uplifting euphoric dance anthems to take young clubbers back to their weekend. Prepare for the ultimate spine tingling experience and get ready for the return of Euphoria.
16. Matisse & Sadko - Hi Scandinavia!


After the first printing was received, Patrice Louinet identified one of the many stray pages in the Glenn Lord Collection as being part of the unfinished "Six-Gun Interview." The page was reproduced and inserted into first printing copies of WESTERN TALES. The additional text will be included in future printings.


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Q: what is the relationship between the dynamical casimir effect and virtual particles? Since virtual particles are disturbances in a field, and not particles in any sense, as explained here, how is it that true photons arise from them when excited with kinetic energy via the dynamical casimir effect?
While the effect is described here, I was hoping to get an answer that touches more with the virtual particle's role in the effect, if it is of sigificance.

A: All interactions at the quantum dynamical level are subject to an analysis with Feynman diagrams, and the Casimir effect is not different in this case. Virtual pairs are internal lines in Feynman diagrams.
R.L.Jaffe has a arXiv paper that goes into the detail on the Casimir force and corresponding diagrams.
the abstract:

In discussions of the cosmological constant, the Casimir effect is often invoked as decisive evidence that the zero point energies of quantum fields are "real''. On the contrary, Casimir effects can be formulated and Casimir forces can be computed without reference to zero point energies. They are relativistic, quantum forces between charges and currents. The Casimir force (per unit area) between parallel plates vanishes as "alpha", the fine structure constant, goes to zero, and the standard result, which appears to be independent of "alpha", corresponds to the "alpha"--> infinity limit.

He separates the Casimir effect from the vacuum fluctuations effect.From the conclusions:

I have presented an argument that the experimental confirmat
  ion of the Casimir effect does not establish the reality of zero point fluctuations. Casimir forces can be calculated without reference to the vacuum and, like any other dynamical effect in QED, vanish as α→0. The vacuum-to-vacuum graphs (See Fig. 1) that define the zero point energy do not enter the calculation of the Casimir force, which instead only involves graphs with external lines. So the concept of zero point fluctuations is a heuristic and calculational aid in the description of the Casimir effect, but not a necessity.

A: Your sea of virtual photons normally come in and out of existence in pairs. But with a mirror moving relativistically, those pairs separate and hence become real photons (producing light).  This is explained in any paper on the effect, so I advise doing so for better enlightenment.