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action affirmed agree alleged amended amount appellant appellant's appellee application attorney authority award Bank cause charge Circuit Cite City Civil claim Company considered constitutional contends contract conviction counsel County Court of Appeals Criminal damages defendant defendant's denied determine District effect entered error establish evidence fact failed failure filed finding further granted ground guilty hearing held hold included injury instruction intent interest issue judge judgment jury land lease limitations matter ment Missouri motion objection offense officers opinion original parties payment person plaintiff plea pleadings present prior proceeding proof punishment question reasonable received record relator respondent result reversed Rule S.Ct sentence statement statute sufficient suit summary supra Supreme Court SYSTEM testified testimony Texas tion trial court United violation witness writ