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action admissible admitted affirmed alleged allowed amended amount answer appellant appellant's appellee applicable argues arrest asked attorney Atty authority Bank cause charge Cite City claim Code committed Company considered constitute contends contract conviction counsel County Court of Appeals Criminal Law damages death defendant defendant's denied determine discretion Dist District effect entered entitled erred error escrow establish evidence examination fact failed failure filed further granted ground guilty hearing held hold indictment instruction intent interest issue judge judgment jurors jury limited matter ment Missouri motion negligence notice objection offense officer opinion party person plaintiff police present prior provides question reasonable received record refused request respondent result reversed rule statement statute sufficient suit supra testified testimony Texas tion trial court trial judge verdict victim witness