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Download how to change your well pump full file 15Fc free
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-Title: how to change your well pump
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03/06/2015 10:26:18
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how to change your well pump
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Are you dreaming of the beautiful seas of the South? This time we are heading for Calabria, specifically the province of Vibo Valentia: Have you ever visited the beautiful beaches of Costa degli Dei, Tropea, Nicotera and Pizzo Calabro?
Staying in one of our farmhouses in Calabria will allow you to come into contact with the rural life of what was once a part of the so-called Magna Greciaand breath an atmosphere of ancient culture and traditions, including culinary traditions. In fact, you shouldn't miss the authentic flavour of fileia, the typical fresh pasta, thePitte di San Martino or the famous nduja sausage!
Do not forget to visit the old town of Vibo Valentiawith its many monuments, palaces and historical testimonies of great charm such as the Norman-Swabian Castle, the Bivona Castle or the Hipponion walls..
Check out our farms in Calabria near Vibo Valentia and set off for your trip to this corner of the ancient Magna Grecia, enjoy the beauty of a landscape that embraces the whole coast up to the Aeolian Islandsand touches its beautiful neighbour, Sicily!
Profile: Nakelìa is a country farm just renovated and with its friendly atmosphere is an ideal base for people loving nature and the best coastal resorts of the tyrrhenian sea (Tropea, Capo Vaticano, Pizzo).

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Free forum : The last frontier- Space. You've seen Firefly and Serenity, and longed to be a part of their world, and fight side by side with the Browncoats against the Alliance. You've dreamed of being in their world
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Prices, promotions, styles, and availability may vary. Our local stores do not honor online pricing. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Lowe's reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.
Bosch 7-Amp 1/4-in Corded Drill
Item # 572448 Model # SG250
Product Information
- Compact ergonomic design and contoured grip increases comfort and control to drive screws all day
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|Chuck Size
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St Joseph Hotel is located at 43-45 Longridge Road in Royal Borough of Kensington and Chelsea. Featuring stylish guest rooms comprising of Single Rooms, Double Rooms, Twin Rooms and Triple/Family Rooms, all of which have private en-suite facilities. The St Joseph Hotel is ideally located within wal...
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Boasting a fantastic location at the acclaimed Imperial Wharf, DoubleTree by Hilton Hotel London - Chelsea (Managed by Jurys Inn) is an ideal base in the heart of the prestigious area of Chelsea.


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Lake Bluff, Il Professional Carpet Cleaners
Top Quality Carpet Cleaning and Restoration Services for Lake Bluff, Il and Surrounding Areas
Professional Carpet Cleaning Service In Lake Bluff, IL
Wiz Team, Inc is a licensed, certified and insured company with over 20 years of experience providing our carpet cleaning clients with professional steam carpet cleaning, upholstery cleaning, area rugs cleaning and restoration services. We take pride in our ability to exceed client expectations with carpet cleaning techniques unmatched by competitors. We are a family operated and owned business serving North Shore and Northwest suburbs of Chicago, Il. Wiz Team, Inc. uses the best quality technology, cleaning solutions, and procedures resulting an excellent cleaning and stain protection for your carpet, area rugs and fine upholstery. When it comes to cleaning your home or business, be sure to call professional carpet cleaners. Whether your carpet cleaning and/or damage restoration needs are for your home or business, we can provide you with the best option for professional cleaning.
- Residential Cleaning
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- Carpet Cleaning
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Lake Bluff, Il: More Than Carpet Cleaning
Wiz Team, Inc. provides services that extend beyond professional carpet cleaning to provide our customers with a full services cleaning experience. Our other services include Upholstery Cleaning, Air Duct Cleaning, Hardwood Cleaning, Tile and Grout Cleaning, Water Damage Restoration, and more.
Carpet Cleaning
We use only the best equipment with powerful hot water steam-extraction for thorough, deep cleaning. Your carpets dry faster, look great, feel softer, smell better and stay cleaner longer.
Upholstery Cleaning
Our techniques safely and effectively deep clean and restore the beauty and vibrant colors of your upholstered furniture. Different upholstery requires different cleaning techniques. Our technicians will recommend the appropriate cleaning method for your upholstery.
Oriental and Area Rug Cleaning
Our technicians are highly trained and experienced to ensure the best cleaning results. There are many ways to clean Oriental rugs. Our professional technicians will recommend the best cleaning method and technique for your rug's particular fibers, weaves and dyes.
Tile and Grout Cleaning
New technology allows us to use truck-mounted hot water extraction system on your tile and grout that will get maximum soil removal and maximum stain removal without leaving any sticky residues behind. Our top quality cleaning products will go to work on your floor and whisk away the dissolved dirt, grease and spots!
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Our powerful H.E.P.A. Filtered Vacuum System will first be connected to your air duct near your furnace. Various tools will then be used to dislodge the contaminants and debris in your air ducts. The powerful vacuum will then pull the contaminants out of the ducts and through the filtration system; returning clean air back into your home or business.
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When cleaning hardwood floors, our experts follow up with a detailed hand cleaning for those hard-to-reach areas. Then we restore the pH balance to your floor with a professional grade wood cleaner, which effectively captures any remaining dirt and residue. The entire process is low-odor, non-toxic and dust-free—leaving you with one hard act to follow.
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Water Damage can strike at any time! When it does you need the most qualified water damage restoration professionals to put you back to normal as fast as possible. Our Restoration Specialists can give you the help you need when you need it.
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We Provide Professional Cleaning Services to Lake Bluff, IL and Surrounding Areas
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Chanter Soul Jah Love has had his nude picture leaked on social media while musician Nox Guni had another explicit picture leaked again.
Soul Jah Love is seen in the picture with his on and off lover, Bounty Lisa. His manager, Wadis said the picture found its way into the public domain after Soul Jah Love sold his handset which had the pictures to a local dealer at Ximex Mall.
"We are aware of the picture you are talking about but as far as we are concerned we do not owe any apology to the public. Soul Jah Love and Bounty Lisa are husband and wife and that picture leaked after the phone that had the pictures was sold by Jah Love.
"Jah Love and Bounty are actually victims here because the dealer whom the phone was sold to is responsible for all this," he said.
Wadis added that the picture was nothing to talk about since it was not revealing.


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Smudge Art TM. / Photography By: Madeline M. Allen
Thank you for viewing my work.
Image copyright © 2007, Madeline M. Allen Copying and displaying or redistribution of this image without permission from the artist is strictly prohibited
ecclesiastes inspirational_cards_madeline_m_allen madeline sepia tree winter wisdom
A very beautiful image to go with the beautiful words! Very beautiful work Maddy!!
I am happy that you like this one Dave. I've had it put away for some time now. just waiting for the right place to show it. Thank you Bud!
love the words ant stunning work
Great to hear your thoughts on this one Mel! Thank you.
Great words, colours, image – well done Maddy.
I love the color & the verse!
Thank you for your comments Rosalie!
Thank you jequstavsen!
I'm not sure why I feel some sad! not sad in reality, but something like that.your composition and edit was done in it's best mode.Well done!
Mohsen Thank You for your comments. Maybe you fell the sadness that I had felt that day that inspired this composition. I had lost one of my dearest friends to Cancer. I do my photography to put me in touch with my feelings and it is a form of meditation and release from life's sorrows.
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Suggestions For Boredom - Stop being bored!!
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We all hate being bored! This site will give you some ideas and inspiration of what to do next time you are feeling bored.. there are plenty of things to do but usually we can never think of them. Therefore this site has been made so that you have the answers in front of you and links to take you straight to something of interest!
- Start a new hobby. E.g. Fishing, Gardening, Walking.
- Get a pet.
- Go Fishing - Fishing Site
- Play online games. The best game on the whole internet is Evony Play Now
- Reading can take lots of time and you can lose yourself in a book.
- Play Fog of War Internet Game
- Cooking.
- Make a cake. Dieting Tips for the Family
- Try making pizza.
- Do some internet work, make money online
- Get a second job
- Learn about hypnosis
- Take up a sport.
- Play football games online Gillette Free Kick Fusion
- Save money on your Television providers - Virgin Media vs Sky Comparison
- Learn about Lazer eye surgery
- Start a college or university course. You can learn from home with many courses.
- Go on Holiday - Dominican Republic
- Do some excercise indoors. Get up off your bottom and do some excercise!
- Watch funny videos on Youtube.com
- Play Flash Games on Miniclip
- Join a gym. Get fit and healthy, its better than being bored right?
- Start a diet - Grapefruit and Egg Diet
- Read about the wonders of the world - Discover China
- Join Dating Chatrooms - Free dating sites
- Be sociable! Join Facebook
- Buy A Gift for someone
Great Gift Ideas
- Buy a Heart Necklace Online
If you want to surprise the love of your life with a silver heart necklace on her birthday, your anniversary, Valentine's Day or Christmas, then shopping on Ebay is a very smart move. The last time I checked...
- Buy Swarovski Christmas Decorations Online
Perfect Gift Ideas for Christmas. Here are some stunningly beautiful Swarovski christmas decorations that would make for the perfect gift to a loved one on christmas day. Only Swarovski could make such...
- Buy A Swarovski Christmas Ornament Online
Here is a magical crystal christmas tree from Swarovski will make for a cheerful addition to your home decoractions this christmas. Sparkly luxurious festive ornament. The lights on the tree are depicted by...
- Buy A Football World Cup T-Shirt Online
The year 2010 brings us the biggest and the finest football tornament in the world. This is the Fifa World Cup 2010, which will be held in South Africa. This is set to be a fantastic tornament held in country...
- Buy PS3 Golf Games Online + Reviews
The Playstation 3 is known for it's fantastic Golf Games. Tiger Woods PGA Tours, Everybodys Golf, and Hot Shots Golf : Out of Bounds. Reviews and Buy Online PS3 Launch Pad. Great Sports Games. Golfing Games.
- Buy PS3 Tennis Games Online + Reviews
We are very lucky to have some great Tennis games available for us to play on the PS3. Lets have a look through the latest tennis games, and see if theres anything out there worth buying! Virtua Tennis 2009 ...
- Buy PS3 Golf Games Online + Reviews
The Playstation 3 is known for it's fantastic Golf Games. Tiger Woods PGA Tours, Everybodys Golf, and Hot Shots Golf : Out of Bounds. Reviews and Buy Online PS3 Launch Pad. Great Sports Games. Golfing Games.
- Buy Polarized Fishing Glasses Online
Buy A Sheepskin Rug Online Sheep Skin rugs can make a lovely addition to a home. Available in different sizes and colours. 100% sheepskin wool rugs. They add a touch of elegance and sense of softness that can...
- Buy LACOSTE Gift Set Online
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Buy A Sheepskin Rug Online Sheep Skin rugs can make a lovely addition to a home. Available in different sizes and colours. 100% sheepskin wool rugs. They add a touch of elegance and sense of softness that can...
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Laser Eye Surgery has become popular throughout the world and is understandly widely available also. The country that is generally thought to have the cheapest lasik eye surgery is usually India. This is very true as...
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Fall 2016 Workshops
Top Down Crew Neck Shaping
with Deb Gemmel
Sunday, September 25th, 12:00-3:00pm
$55 +HST which includes all materials and instruction
You can add a crewneck to any Top Down Pullover by working this marvelous short row system. There are no wraps or tricky stitches involved. You'll be surprised at the results and how easy it is to work and adapt. Knit a baby pullover vest with Top Down techniques that you can then apply to an adult sweater when you're ready to knit for yourself.
Skill level: Intermediate
Knit Gauge Free Mittens!
with Deb Gemmel
Saturday, September 24th, 12:00-3:00pm
$55 +HST which includes all materials and instruction.
Knit mittens in any yarn, for any size. Do you hate knitting a gauge swatch? Do you have mystery yarn, without labels, in your stash? Then these mittens are for you. No need to know your gauge throughout the entire mitten. Choose any yarn and your best guess at a needle size and get started.
Skill level: Intermediate
Maple Oak Nut Mittens
with Cheryl den Hartog
Saturday, October 22nd, 10am-3pm
$50 +HST which includes all materials and instructions
Fair Isle is a stranded knitting technique with colour-ways ranging from subtle heathers to brash brights. They look complex but Fair Isle garments are knitted using only two colours on any row. It looks intimidating but it isn't that hard. Once you've mastered a few simple techniques, you can play with colour and create a wide range of inventive items. Cheryl den Hartog has been fascinated with Fair Isle knitwear for some 20 years and travelled to Shetland to learn from some very experienced knitters. She will share her lessons learned – what works and what doesn't.
Skill level: Intermediate
Thursday Night Wool 'n Tart Tutorial – Finishing Techniques
with Devon Koeller
Thursday, October 20th, 6-8 pm at Wool 'n Tart
$25 +HST which includes approximately 25g worsted weight yarn
Please bring 4-5 mm needle
One of the most enjoyable aspects of knitting is that there are always new skills & stitches to learn! These 2 hour Thursday night classes are designed to give an introduction to various techniques that can bring your knitting to the next level!
Once you've got knitting & purling under your belt, it's time to think about learning some basic finishing skills. Proper finishing can truly make or break a project – so given the number of hours it takes to knit a project, it only makes sense to learn the skills involved in proper finishing! Come on in & learn how to properly block, seam & graft garments.
Thursday Night Wool 'n Tart Tutorial – Magic Loop Knitting
with Devon Koeller
Thursday, November 3rd, 6-8 pm at Wool 'n Tart
$25 +HST which includes approximately 25g worsted weight yarn
Please bring 3.5-4mm circular needle of at least 32" length
Do you ever pick up a mitten you are knitting & realize one of your double point needles is missing? Do you get to the end of a hat & realize you lack the appropriate double points to close the crown? Maybe you're new to socks & you simply find all those needles intimidating… then Magic Loop knitting may be for you! Magic Loop is a simple way of knitting small diameter circular projects on a long circular needle. We'll unlock the mystery!
Beginner Knitting
with Devon Koeller
Tuesday, October 18th, 6-9pm
$45 +HST which includes all materials and instructions
Want to learn to knit? Whether you have never picked up a set of needles or you just need a little refresher from when Grandma taught you, instructor we are happy to get you started. Participants will learn how to cast on, knit, purl and how to bind off. You will also be starting your very first project, a super cozy chunky cowl! Come on in and let us help you get going!
Skill level: Beginner
Knit Socks!
With Tammy Bast
Saturday, October 22nd, 10-3:00pm
$35 +HST which includes yarn & instructions
Come demystify the turning of the heel! Rye is a stylish but simple sock, using basic heel flap construction perfect for your first pair of socks. Tammy will walk participants through all aspects of sock construction, including turning the heel, picking up & knitting & various shaping techniques. And this pattern by Tin Can Knits includes sizes for the whole family, so everyone can have a pair! Participants should bring 3.25&3.75mm double point needles. Skill level: Participants should feel comfortable knitting & purling in the round.
Skill level: Intermediate
Tunisian Crochet
with Clarissa Nell
Saturday, October 29th, 10am-3pm
$45 +HST which includes all materials and instructions
Want to learn Tunisian Crochet? Also known as afghan crochet or tricot crochet, it's been called a mix of knitting and crochet but that definitely doesn't do it justice. This technique is incredibly versatile – capable of producing anything from lacy, airy projects to incredibly dense fabrics. It's a lot of fun and the possibilities are endless.
During this workshop, participants will learn the basics of Tunisian Crochet with at least two different stitches while making a cozy cowl. No prior experience is needed.
Participants should bring a lunch with them. Notes will be provided but participants may wish to bring a note pad as well.
Skill level: Beginner
Sheepskin Baby Booties
with Devon Koeller
Saturday, November 5th, 1:00-4:00pm
$45 +HST which includes all materials and instructions
Join Devon to learn how to make these adorable baby booties with shearling soles. Participants will learn the basics of crochet, how to "pick up & knit", & how to use double pointed needles to knit in the round. Skills learned translate beautifully to the children's & adult slippers also pictured above! It is recommended that you complete one project in the round prior to the class.
Learn to Spin!
with Marilyn Rand
Sunday, October 30th, 10:00-3:00pm
$70 +HST which includes all materials and instruction, participants should bring a lunch with them.
Everything the beginning spinner needs to know – right from the first process of choosing a fleece, the wool preparation, & how to spin according to qualities of your fibre, what fibre to use for different projects.
Skill level: Beginner
Beginner Rug Hooking
with Marilyn Rand
Sunday, October 2nd, 1-3:00pm
$50 +HST which includes all materials and instruction
In this beginner's workshop, Marilyn Rand explores the many different methods of hooking using a variety of materials, including various yarn, fabric strips, & unspun fibre. Participants will be provided with a kit of all materials, as well as the use of a hook.
Skill level: Beginner
Learn to Weave on a Rigid Heddle Loom
with Liz & Daniel Nell
Saturday, October 29th, 10am-3pm
$65 +HST which includes all materials and instructions
Enjoy a day at the farm learning to the basics of weaving! Participants will learn to set up warp & create fabrics on a rigid heddle loom. Use of a loom is included for each student, as well as materials for a woven rag placemat using cotton warp & B.U.F.A.Y. (Beautiful Upcycled Fabric and Yarn) recycled fabric yarn. Participants should bring a lunch with them.
Skill level: Beginner
"Stash Busting" with Rigid Heddle Weaving
with Tammy Bast & Celeste Pray
Saturday, November 5th, 10am-3pm
If you've taken our Beginner class with Liz & Daniel Nell, it's likely you've fallen in love with weaving! This class with Celeste & Tammy will take your weaving to the "next level" by incorporating new skills: changing colours, double threading, adding a second heddle, as well as determining sett & warp suitability. This stash busting project will result in a lovely wrap or scarf! Participants should bring their own rigid hettle loom, stash yarn, & a lunch!
Needle Felted Greeting Cards
with Sandy Charbonneau
Saturday, October 1st, 11am-2pm
$40 +HST which includes all materials and instructions
Create an array of decorative cards while learning the skills of needle felting with Sandy Charbonneau. Participants will use a variety of wools & roving to create these charming motifs & scenes. Felted cards make a lovely accompaniment to any wooly gift, & frame up beautifully as a gift on their own! Participants will make 6 cards each – feel free to bring a lunch or snacks.
Skill level: Beginner


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for joggers, slow runners, run/walkers and newbies
Well done, Madame FarFar. Three miles is good, and being able to get out more regularly has to feel great.
Sluggie, LOL at the picture of you giving a floor show, compelte with feathers, for Alfie's benefit And with appointments morning, noon and night, for someone who's 'resting' you're quite the social butterfly--which is great!xxx
Yums, glad the family visit to the dentist wasn't too awful. They must be brushing secretly, when you can't see! Have things at work settled down now? Last autumn there were changes in your line, and in your own work, and everything. Hope you're in quieter waters now.
Eeeyew, Spence, DD's got you between a rock and a proverbial, hasn't she?? You don't dare ignore her (on your own floor be it!) but the middle of the night?!? Thank dog Rossie performs like clockwork morning and afternoon. Deffo worth trying a change of dinner time, methinks.
If you managed to get out there and felt OK, that's got to be good news, XB Hope you're back in full force quickly!
Daffs, a four day week is exceptionally good planning Wotcher gonna do tomorrow with your free day???
It's official: the last 4 weeks have been the mildest and darkest since 1901! We haven't seen more than a few minutes' glimpse of the sun. Good news: we should get more sun next week. Bad news: it's going to be cold, effective temp down to - 11 Nice cheerful 14 km cycled doing errands today, now off to make more candied peel: C2 is totally addicted to it!
What a nightmare day, and it always happens when I'm off the next bloody day.
Podds - we are opening one of those Studio Schools where pupils work 9-5, follow the usual school teaching plans, but then have a work placements from the age of 14. They also have to stay until 5pm which includes homework time and extra activities. The priciples of the school are quite exciting, they get GCSE education plus work experience and can go onto 6th form and BTECs etc. I hope it does what its designed to do, because then we would be having people leaving school who know what "work life" is all about too.
I cant remember much else, apart from DL is on a train again, Spence is enrolling DL for a marafun and Daffs is busy working a 4 day week. Normality resumes
Today I have spent the whole day working out a new 7 day rota, with a whole raft of issues to resolve with it. Finally done, and one of the team comes to see me to hand in their resignation. But think its sorted now
Border peeps are checking illegals, we're ok actually its just our "systems" need updating. But you know what its like, you go through everything with a fine toothcome just to be sure there is no nasty surprises.
Am going home because my brain is mush, Stoke this weekend so wont be in much. Play nice
I'm feeling a bit and not sure whether to say anything or keep
I think I mentioned a while back the boy saying he wanted to move English sets because the teacher can't control the class & he's finding the mucking about annoying, well he came home today saying for the last 20 minutes of the lesson they played heads down, thumbs up!!??
Now I can quite understand a 'filler' in infants, although at our school any 'spare' time would be filled with a story or 'circle time' and perhaps at a push at juniors...but at seniors when they are just back from a holiday!!??
Perhpas they were learning the imperative, Spence?
"Bossy Verbs"!
A long and lovely day for me! Went to work pretty much planning to hand in my notice this morning Then had performance review which was SO lovely and full of exciting things that I'm plotting how I can stay there FOREVER
Eating rice pudding now
Chuggs - 4 day week is indeed well planned - 4 days until October now (when my job runs out, but we'll worry about that nearer the time). Tomorrow I shall be meeting some people for tea, and doing some painting, and buying some fake moustaches for our not-christmas party next week
Oh, and maybe a run or summat
Daffs - I really don't know how you can be so laissez faire re jobs........if I didn't know where the next month's money was coming from to pay the mortgage and the bills I'd go nuts worrying about making the dogs homeless......oh and me and Mr P too !!
I postes last night, but RW chewed it up and spat it out it seems
Daffs, I love your philosophy on life, like Podds, I worry if I haven't enough to pay the bills and need to have what I feel is a safety net in the bank! Having said that, we have also lived on very little money, only just enough to get by on, but we are still here and none the worse for it!
Happy Birthday Meldy
*Puts on party hat*
*Goes to put on clothes*
What a wonderful attitude to life, Daffs. Perfect proof that owning "things" isn't the only route to happiness.
My eyes ! My eyes!!!
Happy Birthday Meldy Mouldy!!
*Strips off and puts on XB's party hat!!*
Love it Daffs I was like that when I was young, free and single and only wanted to travel....but now it's children & kids!!
children and kids, spence, blimey
Ah daffy the coroporate is still our beloved Daffy the bohemian - hoorah
Spence, sounds to me as though a chat with the school might either set your mind at rest or perhaps draw their attention to the fact boy isn't happy about what is happening during maths
HAPPY BIRTHDAY YOUR ROYAL M......ELDYNESS will there be cake ?
Candied peel, chuggs small bits in cakes are ok but how does C2 eat them?
a bossy verb, Pippi? Sounds as though I need to be in your class at school - could you give me some examples?
Love the sound of the fevver game, sluggy. Do you and MS play it too
Podds, whilst I agree that every kiddywink matters and deserve the best conditions to enable them to achieve their potential in exams, as you say, are we actually doing them any favours by seeming to legitamise their foibles and making allowances for them. As my counsellor chum suggested to me everytime Cush barks and lunges at another dog, we cross the road to avoid them so as far as she is concerned, it works because she believes she has 'seen them off' Not sure I explained that very well but you know what I mean!
Work is ok but I find myself having to brief solicitors and counsel on on the finer points of EU law (which I know little about) prior to going to tribunal- thankfully my boss is very good! Today is badminton with an acquaintence who has resurfaced and then being touched up by Dean - I'm such a tart
*follows spence's example and strips off clothes but puts on dunce's hat*
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text:
Classic sponge sandwich
Nutrition and extra info
- Sponge only
Nutrition: per serving
- kcal568
- fat34g
- saturates20g
- carbs62g
- sugars43g
- fibre1g
- protein7g
- salt0.94g
- 200g soft butter, plus extra for greasing
Butter is made when lactic-acid producing bacteria are added to cream and churned to make an…
- 200g self-raising flour
- 1 tsp baking powder
Baking powderbay-king pow-dah
Baking powder is a raising agent that is commonly used in cake-making. It is made from an alkali…
- 200g golden caster sugar
- 4 egg
The ultimate convenience food, eggs are powerhouses of nutrition, packed with protein and a…
- 2 tbsp milk
One of the most widely used ingredients, milk is often referred to as a complete food. While cow…
For the filling
- 142ml double cream
- 50g golden caster sugar
- ½ tsp vanilla extract
- 100g strawberry conserve
- icing sugar, for dusting
Heat oven to 180C/fan 160C/gas 4. Grease and base-line 2 x 20cm non-stick round sandwich tins with baking parchment, then lightly grease the parchment. Sift the flour and baking powder into a large bowl, then tip in all the other sponge ingredients. Using an electric whisk, beat everything together until smooth. Divide the mix between the cake tins, then bake for 20-25 mins until cooked and golden. When cool enough to handle, remove the cakes from the tins, then leave to cool completely on a rack.
To make the filling, whip the cream with the caster sugar and vanilla until it holds its shape. Build the cake by spreading one sponge with jam and the other with cream. Sandwich the whole thing together, then dust with icing sugar.
Is it done?
Ovens will vary, so to ensure that your cake is cooked all the way through, test your sponge before removing it from the oven. A cooked sponge will have shrunk away from the sides of the tin and the centre will feel springy. Once this has happened, do the skewer test. Insert a skewer in the centre of the sponge – if the cake is cooked, it will come out clean. If there is any cake mix on the skewer, give the cake a few minutes more, then test again.
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Comments, questions and tips
Comments (69)
Absolutely fantastic recipe. As a novice and doing a cake to order for a colleague I honestly can say I even made my mother jealous. (And she has her own cake business!!)
I must say that the tip given of making sure the butter was the texture of Mayo was great, and the other of mixing the wet ingredients first before tipping on top of the dry was also a well note.
Turned out beautifully!! I have a new oven and it cooks MUCH faster than the old one, so I whipped the cakes out at 19min. I also whipped the butter, sugar and eggs before adding to the flour (which I sifted three times). The butter/sugar/eggs mix was terribly lumpy even after using the electric blender. But once adding to the flour and using the electric mixer again it blended beautifully. When I made the cream mix I used 2/3s of the sugar mentioned for the cream - still yummy and sweet, especially with the jam. Happy faces once served - great basic recipe for a sponge - thanks!!
The cake turned out lovely but the cream/sugar/vanilla filling was WAY too sweet for me, especially when there is already sugary sweet jam in there....I'm glad I tasted it before putting it in the cake because for me it would have ruined it! Just plain whipped doiuble cream with the vanilla was perfect and tasted perfect with the jam!
This turned out exceedingly well for me, so thank you very much for the recipe.
As i have said before, i have just used this recipe for a birthday, and i used plum conserve and decorated with butter cream.
Tastes delicious, and i'm sure that i will use it numerous times to come.
I stronglyrecommend this recipe to anyone considering it.
Thank You!
Questions (6)
Tips (0)
Got your own twist on this recipe? Or do you have suggestions for possible swaps and additions? We'd love to hear your ideas.
Be the first to suggest a tip for this recipe…


text:
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submitted: January 16, 1986.
COMMONWEALTH OF PENNSYLVANIAv.CLYDE EUGENE HILL, APPELLANT
Appeal from the Order of the Court of Common Pleas, Criminal Division, of Dauphin County, at No. 1509-1510 C.D. 1972.
Clyde E. Hill, in propria persona.
Katherene Holtzinger-Conner, Deputy District Attorney, Harrisburg, for Com., appellee.
Wickersham, Del Sole and Popovich, JJ. Wickersham, J., did not participate in the consideration of nor decision in this appeal.
[ 354 Pa. Super. Page 34]
This is an appeal from the order of the court below which dismissed without a hearing the Post Conviction Hearing Act petition which had been filed by appellant, Clyde Hill. We affirm.
The complicated procedural history of this case reveals the following:
On October 18, 1973, appellant was convicted of two (2) counts of murder of second degree by a jury under the old Crimes Code.*fn1 Appellant received consecutive terms of life imprisonment. No post-verdict motions were filed. A direct appeal to the Supreme Court followed, and the judgments of sentence were affirmed. Commonwealth v. Hill, 453 Pa. 349, 310 A.2d 88 (1973). (Hill I).
On May 9, 1977, appellant filed a pro se PCHA petition and appellant was granted the opportunity to file post-verdict motions nunc pro tunc. These motions were denied by the court en banc and appellant launched another direct appeal to the Supreme Court. Commonwealth v. Hill, 492 Pa. 100, 422 A.2d 491 (1980). The Supreme Court transferred the matter to a special Superior Court panel which affirmed the judgment of sentence. Commonwealth v. Hill, 273 Pa. Super. 118, 416 A.2d 1117 (1979). Appellant's petition for allowance of appeal was granted, and our Supreme Court affirmed the judgment of sentence by an equally divided Court. Commonwealth v. Hill, 492 Pa. 100,
[ 354 Pa. Super. Page 35422]
A.2d 491 (1980) (Opinion in Support of Reversal by Roberts, J., joined by O'Brien and Flaherty, JJ.) (Hill II).
In March of 1982, appellant instituted habeas corpus proceedings in the federal district court, which denied appellant relief. Hill v. Zimmerman, 542 F.Supp. 700 (M.D.Pa.1982). On appeal, the United States Court of Appeals for the Third Circuit vacated the order of the federal district court in order that appellant might pursue his claim in the state court system. Hill v. Zimmerman, 709 F.2d 232 (3rd Cir.1983), cert. denied, 464 U.S. 940, 104 S.Ct. 354, 78 L.Ed.2d 318 (1983).
On June 22, 1983, appellant filed a petition for reconsideration nunc pro tunc with our Supreme Court in order to have counsel appointed or for further post conviction relief. On August 22, 1983, our Supreme Court granted appellant's petition for the appointment of counsel and referred the matter "to the Court of Common Pleas of Dauphin County for the Appointment of Counsel and expedited PCHA proceedings." "ORDER OF COURT" Record # 19. Counsel was appointed, and a supplemental PCHA petition was filed and denied without a hearing.
Appellant then filed another pro se petition with the Supreme Court for writ of habeas corpus or for supervisory certification of appeal which was transferred to our Court for disposition. On November 1, 1984, we directed that the appeal should be considered as if timely filed. This Court dismissed the appeal on March 26, 1985, due to a failure to file briefs. On July 22, 1985, we granted appellant's petition for reconsideration and directed the appellant to petition for the appointment of counsel or to file a brief pro se. Counsel was appointed, and, as a result, the matter is ripe for reconsideration.
Appellant raises the following issues: (1) whether trial counsel was ineffective for failing to object to the trial court's instruction that appellant had the burden of proving insanity and for failing to object to the court's instruction on malice; (2) whether appellant was deprived of his right to due process because the trial court instructed the jury
[ 354 Pa. Super. Page 36]
that appellant had the burden to prove the elements of the murder charge; (3) whether trial counsel was ineffective for failing to object to the psychiatrist's comment which was elicited by the prosecution regarding the possibility that appellant could commit a crime again; (4) whether trial counsel was ineffective for soliciting testimony regarding the non crimen falsi prior convictions of the appellant; and (5) whether prior PCHA counsel was ineffective for failing to allege due process violations which were inherent in the trial court's instruction to the jury regarding the presumption of malice.
Under the applicable Post Conviction Hearing Act*fn2 which was in effect at the time of appellant's petition, the following was provided:
§ 1180-3. Eligibility for relief
To be eligible for relief under this act, a person must initiate a proceeding by filing a petition under section 5 (§ 1180-5) and must prove the following:
(d) That the error resulting in his conviction and sentence has not been finally litigated or waived.
§ 1180-4. When an issue is finally litigated or waived
(a) For the purpose of this act, an issue is finally litigated if:
(1) It has been raised in the trial court, the trial court has ruled on the merits of the issue, and the petitioner has knowingly and understandingly failed to appeal the trial court's ruling; or
(2) The Superior Court of the Commonwealth of Pennsylvania has ruled on the merits of the issue and the petitioner has knowingly and understandingly failed to avail himself of further appeals.
(3) The Supreme Court of the Commonwealth of Pennsylvania has ruled on the merits of the issue.
[ 354 Pa. Super. Page 37]
(c) There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.
Additionally, an issue is waived if
(1) The petitioner knowingly and understandingly failed to raise it and it could have been raised before the trial, at the trial, on appeal, in a habeas corpus proceeding or any other proceeding actually conducted, or in a prior proceeding actually initiated under this act; and
(2) The petitioner is unable to prove the existence of extraordinary circumstances to justify his failure to raise the issue.
In this case, the issues were not addressed at the Supreme Court level in Hill II because that Court found that trial counsel's failure to object timely to the insanity charge rendered the issue waived. However, the merits of the insanity issue were addressed at the Superior Court level. In appellant's previous appeal to this Court, we stated:
During the trial of appellant, Clyde Eugene Hill, in 1973, the jury was charged, without objection by the defense, that appellant had the burden of proving the defense of insanity by a preponderance of the evidence. Subsequent to appellant's conviction the Supreme Court of Pennsylvania held that it is error to place such a burden on a defendant. Commonwealth v. Demmitt, 456 Pa. 475, 321 A.2d 627 (1974). Appellant in this appeal from the judgment of sentence contends, as he did in nunc pro tunc post-verdict motions, that his judgment of sentence should be reversed and a new trial granted because the burden of proving insanity was placed upon him.
The issue before us is whether appellant is entitled to have the law of Demmitt, supra, applied to his case. This specific issue was before the Supreme Court of Pennsylvania in Commonwealth v. Ernst, 476 Pa. 102, 381 A.2d 1245 (1977). Six justices of the Supreme Court considered the Ernst appeal. The six justices agreed,
[ 354 Pa. Super. Page 38]
although for different reasons, that an appellant is entitled to the benefit of the Demmitt decision if during trial an objection was entered to the charge placing the burden of proving insanity on the accused.
The six justices, however, did not agree as to whether the benefit of Demmitt was to be accorded to an appellant at whose trial no objection was entered to the charge placing the burden on the accused. Three justices, Justices O'Brien, Roberts and Manderino, joined in an opinion by Justice Roberts which expressed the view that all convictions, whether or not prior to Demmitt, must be reversed if the burden of proving insanity was placed on the accused. Chief Justice Eagen and Justice Pomeroy joined in an opinion by Justice Pomeroy expressing the view that in cases prior to Demmitt relief should be given only if the defense had objected to the burden of proof charge when given during an accused's trial. Justice Nix, the sixth justice sitting in the Ernst appeal, joined in the result which denied relief to appellant Ernst.
Although a majority of the seven members of the Supreme Court have not as yet expressed a view on whether a conviction should be reversed when the burden of proof as to insanity is erroneously placed without objection, on the accused, the appellant in Ernst, similarly situated to appellant before us, we denied relief. Accordingly, we likewise deny relief to the present appellant. In doing so, however, we urge that the Supreme Court again consider the issue raised in Ernst by granting a petition for allowance of appeal in this case, should one be filed, so that a controlling decision may be reached in the matter. See also Commonwealth v. Colbert, 476 Pa. 531, 383 A.2d 490 (1978); Commonwealth v. Lynch, 477 Pa. 390, 383 A.2d 1263 (1978); Commonwealth v. Rose, 57 Pa. 380, 21 A.2d 880 (1974).*fn3
Because the Superior Court addressed the merits of the insanity issue and because that decision has not been
[ 354 Pa. Super. Page 39]
disturbed by our Supreme Court, the insanity issue has been finally litigated. See Commonwealth v. Thomas, 335 Pa. Super. 323, 327, 484 A.2d 155, 157 (1984) ("Since these issues were fully considered on direct appeal, they were fully litigated and not open to collateral attack.")
Appellant also argues that trial counsel was ineffective for failing to object to the trial court's instruction on malice. Normally, this issue would have been waived because of appellant's failure to raise the issue previously. 19 P.S. § 1180-4(c) ("There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.")
However, the record establishes that appellant had been represented by the Public Defender's Office of Dauphin County at trial and during his first direct appeal to the Supreme Court, which was in 1973. Additionally, the court appointed private counsel to assist appellant in framing the issues which were not presented in his first post conviction petition. However, because the Public Defender's Office assisted appellant's first private counsel in prosecuting the petition and because appellant objected to this arrangement, the court allowed appellant the opportunity to file post-trial motions nunc pro tunc. The court also appointed second private counsel in order to assist appellant. Appellant's second private counsel represented appellant from January, 1978 up to and including his second direct appeal to the Supreme Court (Hill II), which occurred in 1979.
Appellant argues that extraordinary circumstances exist which justify his failure to raise the issue of trial counsel's ineffectiveness previously. According to appellant, prior PCHA counsel's ineffectiveness constitutes extraordinary circumstances "[s]ince present counsel was appointed after the denial by the lower court of the petitioner's Post Conviction Hearing Act petition, the present appeal is the earliest stage in the proceedings at which counsel who[se] ineffectiveness is being challenged no longer represent[ed] the Appellant." Brief for Appellant at 30. Because the record does indicate that this is the first stage
[ 354 Pa. Super. Page 40]
in the proceedings in which prior PCHA counsel, appellant's second private counsel, no longer represented the appellant, the issue is preserved. Commonwealth v. Seachrist, 478 Pa. 621, 387 A.2d 661 (1978).
In analyzing the merits of the malice issue, we must examine the following which was given by the trial court:
"There is a fundamental principle of our system of criminal law and that is that the Defendant is presumed innocent. The mere fact that he was arrested and is accused of a crime is not any evidence against him. Furthermore, the Defendant is presumed innocent throughout the trial unless and until you conclude based on a careful and impartial consideration of the evidence that the Commonwealth has proven him guilty beyond a reasonable doubt.
" It is not the Defendant's burden to prove that he is not guilty. Instead, it is the Commonwealth that always has the burden of proving each and every element of the crime charged and that the Defendant is guilty of that crime beyond a reasonable doubt. Indeed, the person accused of a crime is not required to present evidence or prove anything in his own defense except in this particular trial where the Defendant raises a defense of insanity, and in that situation the burden rests on the Defendant to prove to your satisfaction that defense. I will come to that in a few minutes.
"Although the Commonwealth has the burden of proving that the Defendant is guilty, that does not mean that the Commonwealth must prove its case beyond all doubt or to a mathematical certainty, nor must it demonstrate the complete impossibility of innocence. A reasonable doubt must fairly arise out of the evidence that was presented or out of the lack of evidence presented with respect to some element of the crime. A reasonable doubt must be a real doubt. It may not be an imagined one, nor may it be a doubt manufactured to avoid carrying out an unpleasant duty.
"So, to summarize, you may not find the Defendant guilty in this or any other case based on a mere suspicion of
[ 354 Pa. Super. Page 41]
guilt. The Commonwealth has the burden of proving the Defendant guilty beyond a reasonable doubt. If it meets that burden, then the Defendant is no longer presumed innocent and you should find him guilty. On the other hand, if the Commonwealth does not meet its burden, then you must find him not guilty.
"Ladies and Gentlemen, in a homicide case the Commonwealth has the burden of proving beyond a reasonable doubt (1) that a death has occurred, (2) that the death resulted from a criminal agency, and (3) that the Defendant is legally responsible for the death. The burden is upon the Commonwealth to prove the Defendant guilty beyond a reasonable doubt, as I have told you.
"The Defendant in this case, as you know, is charged with the crime of murder and I have just read to you the Statute relating to the charge of murder. You will note that the Statute does not define the word 'murder'. It just tells you what murder is, first degree and second degree.
"Since it is your important duty to determine first the guilt or innocence of the Defendant on the charge contained in the indictments it becomes the Court's duty to explain to you the law applicable to murder. Murder is described to be when a person of sound memory and discretion unlawfully kills any reasonable creature in being under the peace of the Commonwealth with malice aforethought express or implied. The distinguishing criterion of murder is malice aforethought, but it is not malice in the ordinary understanding alone. Ordinarily, you think of malice as a particular spite, a grudge, or a particular ill will. Malice is a legal term and implies much more. It comprehends not only a particular ill will, but every case where there is a wickedness of disposition, hardness of heart, cruelty, recklessness or consequences and a mind regardless of social duty, although a particular person may not be intended to be injured.
"Murder, therefore, at common law embraces cases where no intent to kill existed, but where the state or frame of mind termed 'malice' in its legal sense prevailed.
[ 354 Pa. Super. Page 42]
"Sometime ago, as I pointed out, the Legislature of Pennsylvania considered that there was a manifest difference in the degree of guilt where a deliberate intention to kill existed on the one hand and where no deliberate intention to kill appeared on the other hand. So the Legislature divided murder into two degrees -- murder in the first degree and murder in the second degree.
"I have read to you that the Act of 1939, the Criminal Code, defines a willful, deliberate and premeditated killing to be murder in the first degree.
"In this case before you can find the Defendant guilty of murder in the first degree it will be necessary for you to find that the murder was perpetrated by the Defendant by a willful, deliberate and premeditated killing. So, naturally, I must define that for you. What does the law mean when it says 'willful, deliberate and premeditated?'
"Under the provisions of the law it has been held that the intention to kill is the essence of the offense. Therefore, if an intent to kill exists, it is willful. If the intention is accompanied by such other circumstances as evidence a mind fully conscious of its own purpose and design to kill and to select the instrument or to frame the plan to carry this design into execution, it is premeditated.
"The law fixes no length of time as necessary to form the intention to kill, but leaves the existence of a fully formed intent as a fact to be determined by the jury from all the facts and circumstances of the case.
"The Supreme Court has said this, and I quote: "It is true that such is the swiftness of human thought that no time is so short in which a wicked man may not form a design to kill and frame the means of executing his purpose. Yet this suddenness is opposed to premeditation and a jury must be well convinced upon the evidence that there was time to deliberate and premeditate. The law regards, and the jury must find, the actual intent, that is to say, the fully formed purpose to kill with so much time for deliberation and premeditation so as to convince them that their
[ 354 Pa. Super. Page 43]
purpose is not the immediate offspring of rashness or impetuous temper, and the mind has become fully conscious of its own design."
"So, Ladies and Gentlemen, if there be time to frame in the mind fully and consciously the intention to kill and to select the weapon or means of death and to think and know beforehand, though the time be short, the use to be made of it, there is time to deliberate and premeditate.
"As I pointed out before, the proof of the intention to kill and the disposition of mind to constitute murder in the first degree, the proof of that lies on the Commonwealth, but that proof need not be expressed or positive. It can be inferred from all the facts and circumstances of the case. If from all the facts attending the killing the jury can fully and reasonably and satisfactorily infer the existence of the intention to kill and the malice of heart with which it was done, they will be warranted in so doing.
" In this connection on the charge of first degree murder and the intention to kill, I must charge you that under the Law of Pennsylvania he who uses upon the body of another at some vital part with a manifest intention to use it upon him a deadly weapon such as an ax, a gun, a knife, or a pistol, must in the absence of qualifying facts be presumed to know that his blow is likely to kill, and knowing this, must be presumed to intend the death which is the probable and ordinary consequence of such an act. He who uses a deadly weapon without a sufficient cause of provocation must be presumed to do it wickedly or from a bad heart.
"Ladies and Gentlemen, it necessarily follows from what we have said that all murder which is not of the first degree is necessarily murder of the second degree. That includes all unlawful killings under circumstances of depravity of heart and disposition of mind regardless of social duty, but where no intention to kill exists or can be reasonably and fully inferred. Therefore, in all cases of murder, if no intention to kill can be inferred or collected from the evidence
[ 354 Pa. Super. Page 44]
and circumstances, the verdict must be murder in the second degree.
"Ladies and Gentlemen, the Defendant has suggested and mentioned to you the subject of voluntary manslaughter. What is voluntary manslaughter? That is defined to be the unlawful killing of another without malice express or implied. Voluntary manslaughter often so nearly approaches murder it is necessary to clearly differentiate. The difference is this: Manslaughter is never attended by legal malice or depravity of heart, that condition or frame of mind before spoken or exhibiting wickedness of disposition, recklessness of consequences and cruelty. Therefore, to reduce an intentional blow, stroke or wounding resulting in death to voluntary manslaughter there must be sufficient cause of provocation and a state of rage or passion without time to cool placing the Defendant beyond the control of his reason and suddenly impelling him to the deed.
"If any of these be lacking, that is, if there be provocation without passion or passion without provocation, or if there is time to cool and reason, or if there is time to cool and reason has resumed its way, the killing will be murder. Our Pennsylvania Supreme Court in a recent decision has said this: 'The unlawful killing to be voluntary manslaughter must take place in the heat of passion before the blood has had time to cool off, and that passion must be produced by a legally sufficient provocation.' By 'passion' of course we mean anger, fear, rage or terror.
"The Supreme Court has said that in order for a killing to be reduced from murder to voluntary manslaughter the evidence must establish that the killing was perpetrated in the heat of passion, yet that passion must be the result of provocation that would incite a reasonable man into such a frenzied condition. The provocation, in short, must be legally adequate.
"Our highest Court has said that no words nor meer gestures however false, foul or insulting will free a party killing from the guilt of murder, nor will slight or trivial injuries although they amount to an assault, or in some
[ 354 Pa. Super. Page 45]
cases even a blow. In other words, Ladies and Gentlemen, insulting or scandalous words are not sufficient cause of provocation nor are actual indignities to the person of a light and trivial kind. You will keep that in mind when you consider the evidence in this case.
"The Defendant has asserted the defense of insanity. Insanity which exists at the time of an alleged crime is a complete defense to the crime. The Defendant has the burden of proving an insanity defense by a fair preponderance of the evidence. By a preponderance of the evidence we mean that if you take all the evidence on this particular issue and balance it out, if it tips ever so slightly in favor of the Defendant, he has sustained the preponderance of the evidence.
"The term 'insanity' has a special meaning in the Criminal Law. Abnormal conditions which medical science might regard as mental illness do not necessarily amount to what the law regards as insanity. The legal test or definition of insanity is this: 'A person is insane if at the time of committing an act he is as the result of mental disease unable to understand the nature and quality of his act or to distinguish between right and wrong with respect to that act.' Stated more simply, a person is insane if at the time of committing an act and as a result of mental disease he was either incapable of knowing what he was doing, or if he did know what he was doing, [sic] was incapable of judging that it was wrong to do so. The term 'mental disease' in this test means a disease or infirmity of the mind as distinguished for example from a mere deficiency of character, temper or social adjustment. The critical time when insanity must exist in order to be a defense is at the time when the alleged criminal act was committed."
(N.T. at 269-275) (Emphasis added).
According to appellant, the trial court's instruction was unconstitutional under federal law because the prosecution was not required to prove malice in order to establish appellant's murder conviction beyond a reasonable doubt. Instead, appellant argues, "[b]y its very words, it made
[ 354 Pa. Super. Page 46]
proof of use of a gun conclusive proof of the distinct element of malice aforethought without independent satisfaction of the Commonwealth's burden on the issue." Brief for Appellant at 18.
At the time of appellant's trial, the instruction which was given represented a correct statement of law in Pennsylvania. Commonwealth v. O'Neal, 441 Pa. 17, 271 A.2d 497 (1970); Commonwealth v. Winebrenner, 439 Pa. 73, 265 A.2d 108 (1970).
Even appellant concedes as much in his brief when he states:
Although the portion of the charge quoted in the text was made during an explanation of first-degree murder, it set forth a presumption both of intent, an element of first degree murder, and malice, an element of all murder. Thus, in repeating the charge, the court stated:
"Our Courts have said that he who uses a deady weapon without a sufficient cause of provocation must be presumed to do it wickedly or from a bad heart. That is the essence, Ladies and Gentlemen, of a willful, deliberate and premeditated killing, wherein against the essence of the killing is killing with malice aforethought where you find an intent to kill."
The instruction of a dual presumption was in accord with Penna. law. See Commonwealth v. Winebrenner, 439 Pa. 73, 265 A.2d 108 (1970); Commonwealth v. Green, 294 Pa. 573, 144 A. 743 (1929).
Brief for Appellant at 16, ftn. 4.
The state of the law in Pennsylvania which was in effect at the time of appellant's trial has been set forth as follows:
this Court has consistently held that the use of a gun on a vital part of the deceased's body raises the presumption that the defendant shot with the intent to kill the deceased. Commonwealth v. Gidaro, 363 Pa. 472, 70 A.2d 359; Commonwealth v. Chapman, 359 Pa. 164, 58 A.2d 433; Commonwealth v. Scott, 284 Pa. 159, 130 A. 317. However, the inference or presumption that arises from the intentional use of a deadly weapon on the vital part of
[ 354 Pa. Super. Page 47]
the body of another human being is merely a factual presumption. In the absence of any other evidence as to the defendant's intent, it is sufficient to sustain a finding of murder in the first degree. When evidence is introduced to overcome or rebut this presumption, the question of defendant's intent becomes one for the triers of fact. The triers of fact may, however, consider the presumption along with all other credible evidence presented on the issue of intent. Commonwealth v. Gibbs, 366 Pa. 182, 76 A.2d 608; Commonwealth v. Gidaro, 363 Pa. 472, 70 A.2d 359, supra; Commonwealth v. Wucherer, 351 Pa. 305, 41 A.2d 574; Commonwealth v. Kluska, 333 Pa. 65, 3 A.2d 398; Commonwealth v. Troup, 302 Pa. 246, 153 A. 337; Commonwealth v. Green, 294 Pa. 573, 144 A. 743; Tiffany v. Commonwealth, 121 Pa. 165, 15 A. 462.
Commonwealth v. Ewing, 439 Pa. 88, 91, 264 A.2d 661, 663 (1970) (Emphasis in original).
However, because appellant has raised the malice issue under the rubric of counsel's ineffectiveness, we must examine appellant's claim under our two prong test. First, we must determine if the issue counsel failed to raise is of arguable merit. Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977). Then, if the issue is of arguable merit, we must determine if counsel had a reasonable basis for not raising the issue. Id.
[ 354 Pa. Super. Page 48]
In examining the arguable merit of this particular issue, the case of Commonwealth v. Stanton, 316 Pa. Super. 397, 463 A.2d 19 (1983) is controlling. In Stanton, the defendant contended that counsel was ineffective for failing to object to a jury charge during a murder trial which also occurred under the old Crimes Code. According to Stanton, the trial court's charge "created either a conclusive or mandatory presumption that a killing which results from a voluntary act is malicious and is murder in the second degree. Such presumptions would constitute reversible error under County Court of Ulster County v. Allen, 442 U.S. 140, 99 S.Ct. 2213, 60 L.Ed.2d 777 (1979), and Sandstrom Page 48} v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979)." Id., 316 Pa. Superior Ct. at 400, 463 A.2d at 21.
The objectional jury charge contained the following language:
Now, if you find that this killing by the defendant resulted from a voluntary act without justification or excuse, the presumption is that the killing is malicious. Therefore, being presumed to be malicious, the killing would be presumed to be murder. All unlawful malicious killings are murder, but it is only where the elements of first degree murder have been proved to your satisfaction that a conviction for that degree could be had.
The court further instructed the jury:
In all unlawful killings without justification or excuse, where the act of slaying was voluntary, the presumption is that it is murder of the second degree only and the burden is upon the Commonwealth to prove that it is first degree murder.
Id., 316 Pa. Superior Ct. at 398-399, 463 A.2d at 20-21.
We further commented:
In our evaluation of appellant's contention, we note that "[t]his Court has consistently held that, in reviewing jury instructions for prejudicial and reviewable error, the charge must be read and considered as a whole . . . Error cannot be predicated on isolated excerpts of the charge. It is the general effect of the charge that controls." Commonwealth v. Woodward, 483 Pa. 1, 4, 394 A.2d 508 (1978) (citations omitted).
In reviewing the whole charge, we first conclude that the court's instruction in the second paragraph quoted above simply served to distinguish for the jury the difference between first and second degree murder.
The only presumption a reasonable juror could have interpreted the instruction as creating was that once murder was found, it was presumptively only second degree murder absent additional proof by the Commonwealth. Such a presumption certainly was not harmful to
[ 354 Pa. Super. Page 49]
appellant, but was, if anything beneficial to him under the 1939 Penal Code.*fn*
As to the first paragraph quoted above, we find that the effect of the whole charge was to create merely a permissive presumption of malice.*fn** For example, the trial court specifically stated the following in its charge:
Now, the use of a weapon such as a firearm, against a vital part of a person's body, such as the head or chest, is a fact from which you may infer the existence of malice.**fn**
A permissive presumption is constitutionally valid if it can "be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend." Leary v. United States, 395 U.S. 6, 36, 89 S.Ct. 1532, 1548, 23 L.Ed.2d 57, 82 (1969). We have no difficulty in concluding with substantial assurance that malice is more likely than not to flow from the proof of an "unlawful killing without justification or excuse, where the act of slaying was voluntary.["]
Appellant also argues that the questioned instruction shifted the burden of production or persuasion to appellant to show justification or excuse. Again, considering the entire charge, we believe the trial court clearly explained to the jury that the Commonwealth must prove all the factors upon which guilt may depend.
Therefore, we find that objections on the above grounds to the questioned portions of the charge would have been meritless. Since counsel cannot be found ineffective for failing to advance a meritless claim, Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977), we find no merit to appellant's first issue.
[ 354 Pa. Super. Page 50]
Similarly, we find that the jury instruction which was given during appellant's trial on the issue of malice "was to create merely a permissive presumption of malice." Id. The trial court reiterated that the prosecution had the burden of proving guilt beyond a reasonable doubt. Therefore, counsel cannot be found ineffective for failing to advance this claim. Id.
In any event, even if the issue is of arguable merit, counsel would have had a reasonable basis for not raising the issue sooner since the instruction was a correct statement of law at the time of appellant's trial. Commonwealth v. Triplett, 476 Pa. 83, 381 A.2d 877 (1977).
Appellant also argues that trial counsel was ineffective for failing to object to the psychiatrist's comment and also for failing to solicit certain testimony regarding appellant's convictions. Because these issues should have been raised sooner and also because appellant has failed to allege extraordinary circumstances for failing to raise the issues previously, these issues are deemed waived. Commonwealth v. Hubbard, supra.
Order is affirmed.
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Excerpt from Minutes and Proceedings of the Dental Faculties' Association of American Universities, 1908-1924 The former Dental Faculties' Association of American Universities, now merged in the American Association of Dental Schools, takes pleasure in presenting you with this copy of the Minutes and Proceedings of the Dental Faculties' Association of American Universities from its organization in July, 1908, to its dissolution in March, 1924, prior to its union with the American Association of Dental Schools.* Your attention is especially invited to the historical sketch of the activities of the Association which precedes the minutes. The recently published synopsis of the forthcoming report of the Carnegie Survey of Dental Education gives unqualified commendation and support to the ideal of dental education in universities. * We quote from this synopsis as read by the director of the survey at the first meeting, in March, 1924, of the American Association of Dental Schools: Considered as a whole the practice of dentistry is, in effect, a combination of the arts of medicine and mechanics, largely on the basis of fine art, applied to the teeth and mouth directly. Oral (with correlative systemic) health-service is the fundamental purpose of the practice of dentistry. Mechanical procedures are its chief ways and means. Artistic oral restorations and reconstructions are its esthetic achievements. Medicine, mechanics, and art constitute the tripod on which the whole of modern dentistry rests. Pull away one of three legs of that tripod, and dentistry ceases to be itself. Antagonism between medicine and dentistry cannot be explained on any basis of public interest or advantage, and has no jurisdiction whatever in any sentiments that are worthy of respect. Dentistry is neither a political party nor a secret society. It is not an organization of dentists, conducted by dentists, for dentists. Dentistry is an accredited agency for public service, open to public inspection, subject to public regulation, and subservient to enlightened public opinion. Dental education is a function of universities. The most favorable conditions for instruction in dentistry are plainly those provided in the universities by cordial co-operation between teachers of dentistry, and those of the schools of medicine and engineering. Such co-operation insures the most effective teaching under the most advantageous circumstances for all concerned. It is believed that, in view of the forthcoming report of the Carnegie Survey of Dental Education, publication of the Proceedings of the Dental Faculties' Association of American Universities is peculiarly timely. From its inception to its dissolution this body had as its chief aim the consummation of the ideal now so strongly set forth in the synopsis of this report, that is, raising dental education to the university plane with the ultimate aim of placing dentistry on a par with any other specialty in medicine. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully- any imperfections that remain are intentionally left to preserve the state of such historical works.
About Unknown AuthorSad to say, currently we simply cannot give you information about the Founder Unknown Author. However, this does not necessarily mean that we are unsuccessful on her behalf series. We all consult that you simply assist us on this make any difference. If you have down time and desire will profoundly take pleasure in in case you present to you the information. As soon as acquiring these responses and knowledge by customers about the Minutes and Proceedings of the Dental Faculties' Association of American Universities, 1908-1924 Writer Unknown Author, many of us initial your ex examine. The moment all of us be certain that all genuine, simply article this. We all can see this assist and also appreciate it ahead of time.
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|138 pages
|Age +
|15 years
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2006 S. C. Pannell Sauvignon Blanc
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- Cellar 1 - 2 years (2007-2008)
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David DeLorenzo is a new addition to this year's Power 50 list, but he's hardly a newcomer to the international produce industry. After serving in positions including chief operating officer, vice chairman, and president at the Dole Food Company, DeLorenzo was appointed president and chief executive officer of the world's largest producer and marketer of fresh fruits and vegetables in June 2007.
And, despite myriad challenges to the global economy, DeLorenzo led Dole to an excellent year in 2008. Revenues were up 12%, to $7.6 billion, and the company's EBITDA rose 32% compared with 2007, reaching $409 million. And, by selling non-core assets such as the company's Fresh Flowers division, Dole also slashed its debt.
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DeLorenzo, who will soon celebrate his 40th anniversary with Dole, said that awareness of the nutritional benefits of a diet rich in fruits and vegetables has grown exponentially during his years in the produce business.
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text:
ibis Styles Angers Centre Gare hotel
23 bis rue Paul Bert
23 bis rue Paul Bert
Breakfast and unlimited WIFI are included in all rates at the ibis Styles Angers Centre Gare. Our hotel has 72 air-conditioned rooms and offers a warm and contemporary setting. Located in the center of Angers, 5 mins' walk from the SNCF train station anda few minutes from the Conference Center and popular tourist attractions, our hotel is perfect for your business and leisure trips!
The hotel is near the train station and the city center, and is an ideal starting point for visiting the city. We have a games area for children. Thanks to AccorPress, you can read your preferred newspaper on your tablet or smartphone.
This hotel participates to Planet 21 and is acting in favour of Positive Hospitality.
23 bis rue Paul Bert
Tel: (+33)2/41254848
Fax: (+33)2/41254849
Warm, welcoming and modern, with a comfortable bed and a practical bathroom, our rooms offer everything you need for an enjoyable stay.
All rooms have been fully refurbished. Featuring modern, contemporary style, these rooms are equipped with airconditioning, hair dryer, flatscreen TV, WiFi access and a bathtub in every bathroom.
Two connecting rooms that can accommodate 2 adults and 2 children, duvet and relaxation pillows, 26-inch LCD screen with connectors and a TV package with all the main channels, air conditioning
2 single beds measuring 35 inches (90 cm) wide with duvet and anti-stress pillows, 26-inch LCD flat screen with all connectors (PC, iPod, MP3, video games consoles), TV package with all the main channels, air conditioning and hairdryer.
All rooms have been fully renovated. These modern, contemporary-style rooms are all equipped with air conditioning, a hairdryer, flat-screen TV, WIFI, and a tub in every bathroom.
Reviews collected from customers who booked on AccorHotels.com
Excellent stay, hotel extremely clean, good breakfast and staff very friendly and helpful. I would stay there again when I next go to Angers. Having free WIFI was extremely useful. The location was very good and central. There is no reason why I would not recommend this hotel to friends.
Dear customer, Thank you very much for your great opinion about our hotel. We are delighted to meet your expectations. We transmit your complements to all the team. Looking forward to welcome you again during your next stay in Angers ! Kind regards, Marie - La réception
We have used Ibis Styles previously and have got our fingers burnt a little but, well they are very reasonable, so we thought we would go for another. This hotel is brilliantly located near the castle and fairly close to the train station. The rooms were clean and functional. We found the car park a little small with lots of spaces crammed in but, well it is a city centre hotel with a car park - result. They have a small secure bike storage area which was welcome. I would definitely book here again.
I booked the hotel as a convenient stop over on the way to the Vendee for a family holiday and particularly keen that it had a secure car park. However when we arrived the car park was already full and a shrug of the shoulders was the only response from the receptionist who particularly non plus self at our arrival. The room itself was fine. Breakfast itself was ok although we arrived a the dining room to be met my a sea of uncleared tables. Having cleared a table ( alongside several other guests) we then had to negotiate for some cutlery with the staff who seemed to be short handed. All in all I couldn't recommend this hotel
I have been at this hotel for two nights on June, and the cost-benefit was very good. The room had a good size, and it was clean. There is a parking place outside, which is free. Wifi and breakfast were free, as well. It is close to the main attractions in Angers mainly the castle and the Musem of Arts. We had a car and it was not necessary to use it in order to visit Angers. We have enjoyed!
This is an Ibis hotel and once you have stayed in one.........they are all much the same. The really good thing about this hotel is the location. Once you have parked your car in the 'tight' car park you can do the city on foot. The rooms are of the usual size. You get free Wifi and breakfast is included in the price.
This hotel is about 10 mins walk from the train station and 15 mins from many of the historic sites such as the chateau and the cathedral and even has its own car park. The desk staff were most helpful and housekeeping staff also reacted quickly to requests. Our room was enormous with 3 single beds and everything was clean and worked. Breakfasts were buffet style and copious and there was a tea/coffee point in the entrance for use out of breakfast hours. We shall certainly stay here again when in Angers.
When making a booking at this hotel: