text:
 16.12.2005
 EN
 Official Journal of the European Union
 L 330/158
 Regulation No 105 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features (1)
 1. SCOPE
 The provisions of this Regulation apply to the construction of base vehicles of motor vehicles of category N and their trailers of categories O2, O3 and O4 (2) which are intended for the transport of dangerous goods and subject to section 9.1.2 of Annex B of the European Agreement concerning the international Carriage of Dangerous Goods by Road (ADR).
 2. DEFINITIONS
 For the purpose of this Regulation:
 2.1. ‘Base vehicle’ (hereinafter referred to as ‘vehicle’) means a chassis-cab vehicle, a tractor for semi-trailer, a trailer-chassis or a trailer with a self-supporting body intended for the transport of dangerous goods;
 2.2. ‘Vehicle type’ means vehicles which do not differ essentially with regard to the constructional features specified in this Regulation.
 3. APPLICATION FOR APPROVAL
 3.1. The application for approval of a vehicle type with regard to its specific constructional features shall be submitted by the vehicle manufacturer or by his duly accredited representative.
 The application for approval shall be accompanied by the undermentioned documents in triplicate and by the following particulars:
 3.2.1. A detailed description of the vehicle type with respect to its relevant structure, engine (compression-ignition, positive ignition), dimensions, configuration and constituent materials;
 3.2.2. Vehicle designation, according to paragraph 9.1.1.2 of the ADR EX/II, EX/III, AT, FL, OX);
 3.2.3. Drawings of the vehicle;
 3.2.4. The maximum technical mass (kg) of the complete vehicle.
 3.3. A vehicle representative of the type to be approved shall be submitted to the technical service responsible for conducting the approval tests.
 4. APPROVAL
 4.1. If the vehicle submitted for approval pursuant to this Regulation meets the provisions of paragraph 5 below, approval of that vehicle type shall be granted.
 4.2. An approval number shall be assigned to each type approved. Its first two digits (at present 02 for the Regulation in its 02 series of amendments) shall indicate the series of amendment incorporating the most recent major technical amendments made to the provisions at the time of issue of the approval. The same Contracting Party may not assign the same number to another vehicle type within the meaning of paragraph 2.2 above.
 4.3. Notice of approval or of extension of approval of a vehicle type pursuant to this Regulation shall be communicated to the Contracting Parties by means of a form conforming to the model reproduced in annex 1 to this Regulation.
 There shall be affixed, conspicuously and in a readily accessible place specified on the approval form, to every vehicle conforming to a vehicle type approved under this Regulation an international approval mark consisting of:
 4.4.1. A circle surrounding the letter ‘E’ followed by the distinguishing number of the country which has granted approval (3).
 4.4.2. The number of this Regulation, followed by the letter ‘R’, a dash and the approval number to the right of the circle prescribed in paragraph 4.4.1., and
 4.4.3. An additional symbol separated from the approval number and consisting of the symbol identifying the vehicle designation in accordance with paragraph 9.1.1.2 of the ADR.
 4.5. If the vehicle conforms to a vehicle type approved under one or more other Regulations annexed to this Agreement, in the country which has granted approval under this Regulation, the symbol prescribed in paragraph 4.4.1 need not be repeated; in this case the Regulation and approval numbers and the additional symbols of all the Regulations under which approval has been granted in the country which has granted approval under this Regulation shall be placed in vertical columns to the right of the symbol prescribed in paragraph 4.4.1.
 4.6. The approval mark shall be clearly legible and be indelible.
 4.7. The approval mark shall be placed close to or on the vehicle data plate affixed by the manufacturer.
 4.8. Annex 2 to this Regulation gives an example of the approval mark.
 5. TECHNICAL PROVISIONS
 Vehicles shall, depending on the vehicle designation, comply with the provisions below as assigned in the table overleaf (4).
 5.1.1. ELECTRICAL EQUIPMENT
 5.1.1.1. General provisions
 The electrical installation as a whole shall meet the following provisions, in accordance with the table of paragraph 5.1.
 5.1.1.2. Wiring
 5.1.1.2.1. The size of conductors shall be large enough to avoid overheating. Conductors shall be adequately insulated. All circuits shall be protected by fuses or automatic circuit breakers, except for the following:
 —
 from the battery to the cold start and stopping systems of the engine
 —
 from the battery to the alternator
 —
 from the alternator to the fuse or circuit breaker box
 —
 from the battery to the starter motor
 —
 from the battery to the power control housing of the endurance braking system, if this system is electrical or electromagnetic
 —
 from the battery to the electrical lifting mechanism for lifting the bogie axle.
 The above unprotected circuits shall be as short as possible.
 Vehicle designation (according to paragraph 9.1 of the ADR)
 Technical provisions
 EX/II
 EX/III
 AT
 FL
 OX
 Electrical equipment
 5.1.1.2
 Wiring
 X
 X
 X
 X
 5.1.1.3
 Battery master switch
 X
 X
 5.1.1.3.1
 X
 X
 5.1.1.3.2
 X
 X
 5.1.1.3.3
 X
 5.1.1.3.4
 X
 X
 5.1.1.4
 Batteries
 X
 X
 X
 5.1.1.5
 Permanently energizedcircuits
 X
 X
 5.1.1.5.1
 X
 5.1.1.5.2
 X
 5.1.1.6
 Electrical installation behind cab
 X
 X
 5.1.2
 Prevention of fire risks
 5.1.2.2
 Vehicle cab
 5.1.2.2.1
 X
 X
 5.1.2.2.2
 X
 5.1.2.3
 Fuel tanks
 X
 X
 X
 X
 5.1.2.4
 Engine
 X
 X
 X
 X
 5.1.2.5
 Exhaust system
 X
 X
 X
 5.1.2.6
 Endurance braking system
 X
 X
 X
 X
 5.1.2.7
 Combustion heaters
 5.1.2.7.1 2 and 5
 X
 X
 X
 X
 X
 5.1.2.7.3 and 4
 X
 5.1.2.7.6
 X
 X
 5.1.3
 Braking equipment
 5.1.3.1
 Braking equipment
 X
 X
 X
 X
 5.1.3.2
 Braking equipment
 X
 5.1.4
 Speed limitation device
 X
 X
 X
 X
 X
 5.1.5
 Coupling devices for trailers
 X
 X
 5.1.1.2.2. Cables shall be securely fastened and positioned in such a way that the conductors are adequately protected against mechanical and thermal stresses.
 5.1.1.3. Battery master switch
 5.1.1.3.1. A switch for breaking the electrical circuits shall be placed as close to the battery as practicable.
 5.1.1.3.2. A control device to facilitate the disconnecting and the reconnecting functions of the switch shall be installed in the driver’s cab. It shall be readily accessible to the driver and distinctively marked. It shall be protected against inadvertent operation by either adding a protective cover, by using a dual movement control device, or by other suitable means. Additional control devices may be installed provided they are distinctively marked and protected against inadvertent operation.
 5.1.1.3.3. The switch shall have a casing with protection degree IP65 in accordance with IEC Standard 529.
 5.1.1.3.4. The cable connections on the switch shall have protection degree IP54. However, this does not apply if these connections are contained in a housing which may be the battery box. In this case it is sufficient to insulate the connections against short circuits, for example with a rubber cap.
 5.1.1.4. Batteries
 The battery terminals shall be electrically insulated or covered by the insulating battery box cover. If the batteries are not located under the engine bonnet, they shall be fitted in a vented box.
 5.1.1.5. Permanently energized circuits
 5.1.1.5.1. Those parts of the electrical installation, including the leads which shall remain energized when the battery master-switch is open, shall be suitable for use in hazardous areas. Such equipment shall meet the appropriate requirements of IEC 60079 (5), parts 0 and 14 and the additional requirements applicable of IEC parts 1, 2, 5, 6, 7, 11, 15 or 18 (6).
 For the application of IEC 60079 part 14 (6), the following classification shall be used:
 Permanently energized electrical equipment including the leads that are not subject to paragraphs 5.1.1.3 and 5.1.1.4 shall meet the requirements for zone 1 for electrical equipment in general or meet the requirements for zone 2 for electrical equipment situated in the driver’s cab. The requirements for explosion group IIC, temperature class T6, shall be met.
 However, for permanently energized electrical equipment installed in an environment where the temperature caused by non-electrical equipment situated in that environment exceeds the T6 temperature limit, the temperature classification of the permanently energized electrical equipment shall be at least that of the T4 temperature class.
 5.1.1.5.2. Bypass connections to the battery master switch for electrical equipment which must remain energized when the battery master switch is open shall be protected against overheating by suitable means, such as a fuse, a circuit breaker or a safety barrier (current limiter).
 5.1.1.6. Provisions concerning that part of the electrical installation situated to the rear of the driver's cab
 The whole installation shall be so designed, constructed and protected such that it cannot provoke any ignition or short-circuit under normal conditions of vehicle use and that these risks can be minimized in the event of an impact or deformation. In particular:
 5.1.1.6.1. Wiring
 The wiring located to the rear of the driver’s cab shall be protected against impact, abrasion and chafing during normal vehicle operation. Examples of appropriate protection are given in the figures 1, 2, 3 and 4 below. However, the sensor cables of antilock braking devices do not need additional protection.
 5.1.1.6.2. Lighting
 Lamp bulbs with a screw cap shall not be used.
 5.1.1.6.3. Electrical lifting mechanism
 The electrical equipment of the mechanism for lifting a bogie axle shall be installed outside the chassis frame in a sealed housing.
 5.1.2. PREVENTION OF FIRE RISKS
 5.1.2.1. General provisions
 The following technical provisions shall apply in accordance with the table of paragraph 5.1.
 FIGURES
 5.1.2.2. Vehicle cab
 5.1.2.2.1. Only material not readily flammable shall be used in the construction of the driver's cab. This provision will be deemed to be met if, in accordance with the procedure specified in ISO standard 3795:1989, samples of the following cab components have a burn rate not exceeding 100 mm/min: seat cushions, seat backs, safety belts, head lining, opening roofs, arm rests, all trim panels including door, front, rear and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, mattress covers and any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.
 5.1.2.2.2. Unless the driver's cab is made of materials which are not readily flammable, a shield made of metal or other suitable material of the same width as the tank shall be fitted at the rear of the cab. Any window in the rear of the cab or in the shield shall be hermetically closed and made of fire resistant safety glass with fire resistant frames. Furthermore, there shall be a clear space of not less than 15 cm between the tank and the cab or the shield.
 5.1.2.3. Fuel tanks
 The fuel tanks for supplying the engine of the vehicle shall meet the following requirements:
 5.1.2.3.1. In the event of any leakage, the fuel shall drain to the ground without coming into contact with hot parts of the vehicle or the load;
 5.1.2.3.2. Fuel tanks containing petrol shall be equipped with an effective flame trap at the filler opening or with a closure with which the opening can be kept hermetically sealed.
 5.1.2.4. Engine
 The engine propelling the vehicle shall be so equipped and situated to avoid any danger to the load through heating or ignition. In the case of EX/II and EX/III vehicles the engine shall be of compression-ignition construction.
 5.1.2.5. Exhaust system
 The exhaust system as well as the exhaust pipes shall be so directed or protected to avoid any danger to the load through heating or ignition. Parts of the exhaust system situated directly below the fuel tank (diesel) shall have a clearance of at least 100 mm or be protected by a thermal shield.
 5.1.2.6. Vehicle endurance braking
 Vehicles equipped with endurance braking systems emitting high temperatures placed behind the rear wall of the driver's cab shall be equipped with a thermal shield securely fixed and located between this system and the tank or load so as to avoid any heating, even local, of the tank shell or the load. In addition, the thermal shield shall protect the braking system against any outflow or leakage, even accidental, of the load. For instance, a protection including a twin-shell shield shall be considered satisfactory.
 5.1.2.7. Combustion heaters
 5.1.2.7.1. (Reserved)
 5.1.2.7.2. The combustion heaters and their exhaust gas routing shall be designed, located, protected or covered so as to prevent any risk of unacceptable heating or ignition of the load. This requirement shall be considered as fulfilled if the fuel tank and the exhaust system of the appliance conform to provisions similar to those prescribed for fuel tanks and exhaust systems of vehicles in paragraphs 5.1.2.3 and 5.1.2.5 respectively.
 5.1.2.7.3. The combustion heaters shall be put out of operation by at least the following methods:
 (a)
 Intentional manual switching off from the driver's cabin;
 (b)
 Unintentional stopping of the vehicle engine; in this case the heating device may be restarted manually by the driver;
 (c)
 Start up of a feed pump on the motor vehicle for the dangerous goods carried.
 5.1.2.7.4. Afterrunning is permitted after the combustion heaters have been put out of operation. For the methods of paragraphs 5.1.2.7.3 (b) and (c) above the supply of combustion air shall be interrupted by suitable measures after an afterrunning cycle of not more than 40 seconds.
 Only heaters shall be used for which proof has been furnished that the heat exchanger is resistant to the reduced afterrunning cycle of 40 seconds for the time of their normal use.
 5.1.2.7.5. The combustion heater shall be switched on manually. Programming devices shall be prohibited.
 5.1.2.7.6. Combustion heaters with gaseous fuels are not permitted.
 5.1.3. BRAKING EQUIPMENT
 Vehicles subject to the requirements of marginal 10 221 of ADR shall fulfil all the relevant requirements of Regulation No 13 (including those of annex 5) as amended in accordance with the dates of application specified therein.
 5.1.3.1. EX/III, AT, FL, and OX vehicles shall fulfil all relevant requirements of Regulation No 13 including those of annex 5.
 5.1.3.2. EX/II vehicles shall fulfil all relevant requirements of Regulation No. 13. Nevertheless, the requirements of annex 5 are not applicable.
 5.1.4. SPEED LIMITATION
 Power driven vehicles (rigid vehicles and tractors for semitrailers) with a maximum mass exceeding 12 tonnes, shall be equipped with a speed limitation device according to the technical requirements of Regulation No. 89. The device shall be set in such a way that the speed cannot exceed 90 km/h, bearing in mind the technological tolerance of the device.
 5.1.5. COUPLING DEVICES FOR TRAILER
 Coupling devices for trailers shall comply with the technical requirements of Regulation No. 55 as amended in accordance with the dates of application specified therein.
 6. MODIFICATION OF THE VEHICLE TYPE AND EXTENSION OF APPROVAL
 Every modification of the vehicle type shall be notified to the administrative department which approved the vehicle type. The department may then either:
 6.1.1. Consider that the modifications made are unlikely to have an appreciable adverse effect and that in any case the vehicle still complies with the requirements, or
 6.1.2. Require a further test report from the technical service responsible for conducting the tests.
 6.2. Confirmation or refusal of approval, specifying the alteration, shall be communicated by the procedure specified in paragraph 4.3 to the Contracting Parties.
 6.3. The competent authority issuing an extension of approval shall assign a series number to each communication form drawn up for such an extension and inform thereof the other Parties by means of a communication form conforming to the model in annex 1 to this Regulation.
 7. CONFORMITY OF PRODUCTION
 The conformity of production procedures shall comply with those set out in the Agreement, Appendix 2 (E/ECE/324-E/ECE/TRANS/505/Rev.2), with the following requirements:
 7.1. Vehicles approved to this Regulation shall be so manufactured as to conform to the type approved by meeting the requirements set forth in paragraph 5 above.
 7.2. The competent authority which has granted type-approval may at any time verify the conformity control methods applicable to each production facility. The normal frequency of these verifications shall be once per two years.
 8. PENALTIES FOR NON-CONFORMITY OF PRODUCTION
 8.1. The approval granted in respect of a vehicle type pursuant to this Regulation may be withdrawn if the requirement laid down in paragraph 7. above is not complied with.
 8.2. If a Contracting Party to the Agreement applying this Regulation withdraws an approval it has previously granted, it shall forthwith notify the other Contracting Parties applying this Regulation, by means of a communication form conforming to the model in annex 1 to this Regulation.
 9. PRODUCTION DEFINITELY DISCONTINUED
 If the holder of the approval completely ceases to manufacture a type of vehicle under this Regulation, he shall so inform the authority which granted the approval. Upon receiving the relevant communication, that authority shall inform thereof the other Parties to the 1958 Agreement applying this Regulation by means of a communication form conforming to the model in annex 1 to this Regulation.
 10. TRANSITIONAL PROVISIONS
 10.1. As from the official date of entry into force of the 02 series of amendments, no Contracting Party applying this Regulation shall refuse to grant ECE approval under this Regulation as amended by the 02 series of amendments.
 10.2. Contracting Parties applying this Regulation shall continue to grant approvals and extensions to such approvals to types of vehicles which comply with the requirements of this Regulation as amended by the preceding series of amendments until 31 December 2002.
 10.3. As from 1 January 2003 Contracting Parties applying this Regulation shall grant ECE approvals and extensions of such approvals only if the vehicle type to be approved meets the requirements of this Regulation as amended by the 02 series of amendments.
 10.4. No Contracting Party applying this Regulation shall refuse national type approval of a vehicle type approved to the 02 series of amendments to this Regulation.
 10.5. Until 31 December 2002 no Contracting Party applying this Regulation shall refuse national type approval of a vehicle type approved to the preceding series of amendments to this Regulation.
 10.6. As from 1 January 2003 Contracting Parties applying this Regulation may refuse first national registration (first entry into service) of a vehicle which does not meet the requirements.
 11. NAMES AND ADDRESSES OF TECHNICAL SERVICES CONDUCTING APPROVAL TESTS, AND ADMINISTRATIVE DEPARTMENTS
 The Contracting Parties to the Agreement applying this Regulation shall communicate to the secretariat of the United Nations the names and addresses of the technical services responsible for conducting approval tests and of the administrative departments which grant approval and to which forms certifying approval or extension or refusal or withdrawal of approval, issued in other countries, are to be sent.
 (1) Incorporating:
 Series 01 of amendments — date of entry into force: 13 January 2000.
 Series 02 of amendments — date of entry into force: 5 December 2001.
 Corrigendum 1 to series 02 of amendments — date of entry into force: 13 March 2002.
 Corrigendum 2 to series 02 of amendments — date of entry into force: 13 November 2002.
 Corrigendum 3 to series 02 of amendments — date of entry into force: 12 March 2003.
 (2) As defined in annex 7 to the Consolidated Resolution on the Construction of Vehicles (R.E.3) (document TRANS/WP.29/78/Rev.1/Amend.2).
 (3) 1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 5 for Sweden, 6 for Belgium, 7 for Hungary, 8 for the Czech Republic, 9 for Spain, 10 for Yugoslavia, 11 for the United Kingdom, 12 for Austria, 13 for Luxembourg, 14 for Switzerland, 15 (vacant), 16 for Norway, 17 for Finland, 18 for Denmark, 19 for Romania, 20 for Poland, 21 for Portugal, 22 for the Russian Federation, 23 for Greece, 24 for Ireland, 25 for Croatia, 26 for Slovenia, 27 for Slovakia, 28 for Belarus, 29 for Estonia, 30 (vacant), 31 for Bosnia-Herzegovina, 32 for Latvia, 33 (vacant), 34 for Bulgaria, 35 (vacant), 36 for Lithuania, 37 for Turkey, 38 (vacant), 39 for Azerbaijan, 40 for The former Yugoslav Republic of Macedonia, 41 (vacant), 42 for the European Community (Approvals are granted by its Member States using their respective ECE symbol), 43 for Japan, 44 (vacant), 45 for Australia and 46 for Ukraine. Subsequent numbers shall be assigned to other countries in the chronological order in which they ratify or accede to the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, and the numbers thus assigned shall be communicated by the Secretary-General of the United Nations to the Contracting Parties to the Agreement.
 (4) In this Regulation, references to other ECE Regulations shall be deemed to refer also to any other international rules that apply the same technical requirements as the respective ECE Regulation. References to specific sections of the respective ECE Regulations shall be interpreted accordingly.
 (5) The requirements of IEC 60079 part 14 do not take precedence over the requirements of this Regulation.
 (6) As an alternative, the general requirements of EN 50014 and the additional requirements of EN 50015, 50016, 50017, 50018, 50019, 50020, or 50028 may be used.
 ANNEX I
 COMMUNICATION
 (Maximum format: A4 (210 × 297 mm))
 ANNEX II
 ARRANGEMENT OF APPROVAL MARKS
 The above approval mark affixed to a vehicle shows that the vehicle type concerned, intended for the transport of dangerous goods, has been approved in the Netherlands (E4), pursuant to Regulation No 105, under the approval number 002492 and designated EX/II (according to marginal 220 301(2) of the ADR). The first two digits of the approval number indicate that the approval was granted in accordance with the requirements of Regulation No 105, as amended by the 02 series of amendments.
 The above approval mark affixed to a vehicle shows that the vehicle type concerned has been approved in the Netherlands (E4) pursuant to Regulations Nos 105 and 13 (1). The first two digits of the approval numbers indicate that, at the dates when respective approvals were granted, Regulation No 105 included the 02 series of amendments, while Regulation No 13 already included the 09 series of amendments.
 (1) The second Regulation number is given merely as an example.


type: wikipedia

text:
Lahár (termín pochádza z Indonézie), občas nazývaný krátko lahar, a niekedy trochu nesprávne aj bahnotok (tento termín je trochu širší) je sprievodný jav pri niektorých sopečných erupciách. Lahár je vytvorený zo zmesi sopečného popola a vody.
 Príčiny vzniku lahárov sú nasledovné:
 Roztopenie snehovej, alebo ľadovej pokrývky sopky pri erupcii
 Zvýšenie zrážok, príp. vyliatie sa jazierka nachádzajúceho sa v blízkosti eruptujúcej sopky
 Laháry sú veľmi nebezpečný fenomén (možno nebezpečnejší ako tečúca láva) pre ich veľkú mobilitu (niekoľko desiatok metrov/s). Jedna z najstarších katastrof sa odohrala v roku 79 pri erupcii sopky Vezuv, keď bolo lahárom zasiahnuté mesto Herculaneum. Posledná veľká katastrofa sa odohrala v 1985 v Kolumbii, keď bolo mesto Armero pochované pod 8 m hrubou vrstvou laháru, ktorý prešiel vzdialenosť vyše 40 km od eruptujúcej sopky Nevado del Ruiz.
 Niektoré sídla, nachádzajúce sa v blízkosti sopiek s pravdepodobným výskytom lahárov (napr. Rainier v USA alebo Ruapehu na Novom Zélande) majú vypracovaný systém včasnej výstrahy pred blížiacim sa lahárom.
 Iné projekty
 Sopečné produkty


type: caselaw

jurisdiction: US

text:
William B. Duncan, aged 82, of Pocomoke, indicted for assault and battery on Frank Willett on March 1, 1947, was tried and found guilty by a jury on October 23 in the Circuit Court for Worcester County. On the same day the two presiding judges entered judgment on the verdict and sentenced defendant to pay a fine of $500 and costs. He immediately paid the fine and costs. On October 28 he entered an appeal from the judgment.
 The Attorney General suggests that the appeal should be dismissed because appellant, by paying the fine, waived his right to an appeal. In this country there is a conflict in the decisions on the right of a defendant in a criminal case, after he has been convicted and has paid the fine imposed upon him, to have the judgment of conviction reviewed on appeal. In a majority of the jurisdictions *Page 488
 where the question has arisen it has been held that a defendant, by voluntarily paying his fine, waives his right to obtain a review of the conviction by the appellate court. Commonwealth v.Gipner, 118 Pa. 379, 12 A. 306; Leavitt v. People, 41 Mich. 470, 2 N.W. 812; People v. Melovicz, 221 Mich. 620, 192 N.W. 562; State v. Westfall, 37 Iowa 575; State v. Conkling,54 Kan. 108, 37 P. 992, 45 Am. St. Rep. 270; Madsen v. Kenner,4 Utah 3, 4 P. 992; State v. Cohen, 45 Nev. 266, 201 P. 1027, 18 A.L.R. 864; Washington v. Cleland, 49 Or. 12, 88 P. 305, 124 Am. St. Rep. 1013; Bergdoll v. United States, 3 Cir., 279 F. 404. But it has been held by other courts that payment of the fine by the defendant does not constitute a waiver of his right of appeal. Barthelemy v. People, 2 Hill, N.Y., 248, 255;Johnson v. State, 172 Ala. 424, 55 So. 226, Ann. Cas. 1913E, 296; State v. Winthrop, 148 Wash. 526, 269 P. 793, 59 A.L.R. 1265. In Commonwealth v. Fleckner, 167 Mass. 13, 44 N.E. 1053, where the statute provided that allowance of exceptions should not stay execution of sentence, Justice Holmes said: "We should be slow to suppose that the legislature meant to take away the right to undo the disgrace and legal discredit of a conviction * * * merely because a wrongly convicted person has paid his fine or served his term. The fact that no indemnity is provided by this act is far from enough to lead us to that conclusion. Of course, the payment of the fine in accordance with the sentence was not a consent to the sentence, but a payment under duress."
 In 1931 the Supreme Court of Indiana, while acknowledging that some courts had held that an appeal in a criminal case will be dismissed as moot where the appellant has satisfied the judgment, asserted that the better reasoning is with the cases to the contrary, and that the theory and result of these cases are more consonant with justice. In support of this view Justice Treanor said: "The right of reputation was early recognized in Anglo-American law, and the machinery of legal redress is at the disposal of any person to vindicate *Page 489
 his good name. * * * Thus it is clear that the law recognizes and protects the individual's interest in his reputation from defamation that imputes criminal misconduct, regardless of pecuniary damage; and it would seem absurdly inconsistent to dismiss as moot a proceeding initiated to clear one's reputation of the infamy and stigma resulting from an allegedly erroneous conviction on a criminal charge, even though the one seeking vindication cannot, for reasons of public policy, recover the amount of his fine and costs, nor compel the state to pay damages for his unjust imprisonment." State ex rel. Lopez v. Killigrew,202 Ind. 397, 174 N.E. 808, 810, 74 A.L.R. 631.
 In 1943 the United States Supreme Court in St. Pierre v.United States, 319 U.S. 41, 63 S. Ct. 910, 87 L. Ed. 1199, adopted the rule that the moral stigma of a judgment which no longer affects legal rights does not present a case for appellate review. In that case the petitioner for certiorari had been sentenced to imprisonment for five months for contempt of court, and he had served the sentence before certiorari was granted. It was held that the case was moot because a reversal of the judgment could not restore to him the penalty of the term of imprisonment, and he did not show that any further penalties or disabilities could be imposed upon him as a result of the judgment.
 In 1946 the Supreme Court developed the law further in Fiswickv. United States, 329 U.S. 211, 67 S. Ct. 224, 230, 91 L. Ed. 196. Fiswick and other German nationals had been indicted for conspiring with Draeger, the German consul in New York City and leader of the Nazi party in this country, and other representatives of the Third Reich to defraud the United States by concealing and misrepresenting their membership in the Nazi party. He was found guilty but, although he had served the sentence of imprisonment imposed upon him, the Court refused to dismiss the certiorari. Justice Douglas, who delivered the opinion of the Court, explained that the conviction of an alien on the charge of conspiracy to defraud *Page 490
 the United States would seriously embarrass him in the event of deportation or naturalization proceedings, and would brand him as a felon with the possible loss of civil rights, such as jury service, voting and holding office, and therefore he had "a substantial stake" in the judgment of conviction which survived the satisfaction of the sentence.
 On this appeal we are not called upon to decide whether appellant could recover the amount of the fine if he should be given a new trial and acquitted. But certainly he would have the right to seek its recovery. We hold that the payment of the fine did not deprive him of his statutory right of appeal since he still has a substantial stake in the judgment of conviction in view of our constitutional provision that the Governor has the power to remit fines and forfeitures for offences against the State. Md. Constitution, art. 2, sec. 20.
 Appellant contends that the trial judges committed reversible error in refusing to strike out irrelevant testimony of William Mason, one of the witnesses for the State. Mason testified that it was on the afternoon of March 2 when he heard about the alleged assault. The State's Attorney asked him whether he heard Duncan make any remark about it. His answer was: "Well, yes and no. * * * He was talking to a bunch of men. He didn't mention no names." Six times the State's Attorney urged him to tell what he heard Duncan say. At first he indicated that he could not recall the exact words. But after the State's Attorney's requests, he stated: "I can tell you what he said. It doesn't apply to this case." The State's Attorney insisted upon an answer. He then testified: "Well, he said if he didn't die in the hospital, he would kill him when he came out." When the State's Attorney then inquired whether "that was said by this Mr. Duncan," he explained: "Mr. Duncan and four or five men were standing there. I don't know whether Mr. Duncan said it or who said it." Counsel for defendant moved to strike out the testimony, but the Court overruled the motion. *Page 491
 In a criminal prosecution for assault, any declaration made by the accused shortly before or after the assault indicating a desire to inflict violence upon the person assaulted is admissible in evidence to show malice. Hodge v. State, 26 Fla. 11, 7 So. 593, 595; State v. Vance, 29 Wash. 435, 70 P. 34. In the case at bar the witness testified that Duncan, the traverser, had made a threat to kill Willett, the prosecuting witness; but later he testified that he did not know who had made the threat. This statement therefore became wholly irrelevant. It is an elementary rule that evidence, in order to be admissible, must be relevant to the issues and tend either to establish or disprove them, and that evidence which does not tend to describe or explain the facts and circumstances of the case is inadmissible and should be excluded from the consideration of the jury.Costley v. State, 48 Md. 175. While irrelevant evidence will not require reversal where it appears that it was not material and prejudicial (City of Baltimore v. Park Land Corporation ofBaltimore, 126 Md. 358, 366, 95 A. 33; Marowitz v. Land,130 Md. 514, 520, 100 A. 783), the testimony in this case was so contradictory and irrelevant as to be likely to confuse and mislead the jury and prejudice them against appellant. We are, therefore, constrained to hold that the refusal of the trial judges to strike out the testimony was reversible error.
 Judgment reversed and case remanded for a new trial. *Page 492