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action admitted affirmed agree agreement alleged allowed amended amount appellant appellant's appellee application attorney authority award benefits cause charge Cite as 703 City claim Company considered constitutional contends contract conviction counsel County Court of Appeals Criminal Law damages death decision defendant defendant's denied determine Director Dist District entered entitled erred error establish evidence fact failed failure filed further granted ground guilty hearing held hold indicated injury instruction interest issue judge judgment jury lignite limited matter ment Missouri Mo.App motion NUMBER objection offense officer opinion parties person petition plaintiff plea police present prior provides question reasonable received record respondent result reversed Rule sentence statement statute sufficient SYSTEM term testified testimony Texas tion trial court victim wife witness writ