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action affirmed agree agreement alleged amended amount appellant appellant's appellee apply arrest attorney authority Bank cause charge child Cite City claim Code Company conclude considered constitute construction contends contract conviction counsel County Court of Appeals Criminal Criminal Law damages defendant defendant's denied determine direct Dist District effect entered entitled error establish evidence fact failed failure fees filed further granted ground hearing held hold included indictment injury instruction intent interest issue judge judgment jury Justice land limited matter ment motion notice NUMBER objection offense officers opinion parties payment person plaintiff present prior proceeding question reasonable record result reversed rule S.Ct sentence statement statute sufficient suit supra SYSTEM testified testimony Texas tion trial court United violation witness writ