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action affirmed agree agreement alleged Amendment amount appellant appellant's appellee application arrest attempted attorney authority award Bank cause charge circumstances Cite City claim Code Commission committed considered constitutional contends contract conviction counsel County Court of Appeals Criminal Law damages defendant defendant's denied determine direct discretion dismiss Dist District duty easement effect entered entitled error establish evidence existed fact failed failure fees filed further give given granted ground hearing held hold included injury instruction intent interest issue Judge judgment jury land March matter ment Missouri motion negligence NUMBER objection offense officer opinion original owner parties person plaintiff police present prior proceeding provides question reasonable received record request result reversed rule statement statute sufficient suit supra testified testimony Texas tion trial court verdict witness writ