point on which judgment has to be delivered is
whether the accused is guilty of causing his victim's
death. The same type of case will also bring
conjecture into play, when, for example, the question
in dispute is whether the accused shall be punished
with banishment for life or for five years. For the
question then is whether he caused his death
willingly or not.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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