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action affirmed alleged Amendment amount appellant appellant's appellee application Atty authority award cause charge child Circuit Court Cite as 588 City claim Commission Company compensation condition considered constitutional contends contract conviction counsel County Court of Appeals Criminal Law defendant defendant's denied determine direct discretion dismissed District effect entered erred error established evidence existence fact failed failure filed further give granted guilty hearing held holding indicated injury instruction intent interest issue Judge judgment jury ment Missouri motion NUMBER offense officer opinion parties person petition plaintiff police possession present prior proceeding question reasonable record refusal request respondent result reversed rule S.Ct sentence statement statute sufficient supra term testified testimony Texas tion trial court verdict violation witness