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action affirmed agree agreement alleged amended amount appellant appellant's appellee application attorney authority cause charge Circuit Cite City Civil claim committed Company condition considered constitutional contends contract conviction corporation counsel County Court of Appeals Criminal Criminal Law damages defendant defendant's denied determination direct discretion District effect entered error evidence fact failed filed further given granted guilty hearing held hold included indictment injury instruction issue judge judgment jury limited matter ment Missouri Mo.App motion murder notice objection offense opinion parties payment person petition plaintiff plea present prior probation proceedings prove question reasonable received record rendered requested respondent result reversed rule sentence statement statute sufficient suit supra Supreme Court SYSTEM testified testimony Texas tion tort trial court violation witness writ