or whether, without
having the least reason for the deed, he was carried
away by the impulse of the moment and acted
without deliberate purpose (for it is a common
saying that crimes are irrational), or finally, whether
he was led astray by the fact that crime had become
a habit with him.
Having dealt with the question whether he
intended to commit the crime, we proceed to the
question whether he was in a position to commit it.
Under this head we discuss the place and occasion of
the offence. For instance, in a case of theft we ask
whether it was committed in a secluded or frequented
spot, in the daytime, when witnesses are more
numerous, or by night, when success is more difficult.