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[10] The motive of the deed does not arise in all controversial cases. For how can there be a motive for the deed, when the deed is denied? But when the motive for the deed does come up for discussion, they deny that the point for the decision of the judge rests on the same ground as the main question at issue, and this view is maintained by Cicero1 in his Rhetorica and Partitiones.

1 De Inv. I. c.: Part. Or. xxx. 104.

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