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action affirmed agree agreement alleged allowed amount answer appellee application attorney authority Bank Board cause charge child Cite City claim Company consider constitutional contends contract conviction counsel County Court of Appeals Criminal Law damages death decision deed defendant defendant's Denied determine discretion District effect entered erred error establish evidence fact failed fees filed further granted ground hearing held hold included instruction interest issue Judge judgment juror jury land Louis matter ment Missouri Mo.App motion objection offense opinion owner parties payment permit person plaintiff police present prior probation proceeding question reasonable record refusing request result reversed robbery Rule specific statement statute sufficient suit supra Supreme Court SYSTEM testified testimony Texas tion trial court trust wife witness writ