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[5] Those are likely to remain undetected whose qualities are out of keeping with the charges, for instance, if a man wanting in physical strength were accused of assault and battery, or a poor and an ugly man1 of adultery. Also, if the acts are done quite openly and in sight of all; for they are not guarded against, because no one would think them possible.

1 Two different persons. If the second be omitted, the reference is to one.

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