[56]
Similar to this is the practice which some
[p. 83]
declaimers allow themselves in their perorations
of assigning children, parents and nurses to their
characters at will, though it is more reasonable to
call for evidence which is not explicitly mentioned
in the statement of the theme than to introduce it
ourselves.1
With regard to the method to be followed when
we enquire into intention, I have said enough in
dividing the subject into three questions,2 namely,
whether the accused intended to do the deed,
whether he was in a position to do it and whether
he actually did it. For the method of enquiring
into the purpose with which an act was committed
is identical with that employed in enquiring whether
the deed was intended, since it amounts to asking
whether a criminal act was intended.
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