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[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.

1 i.e. it is safer to ask the imaginary opponent “where is your evidence?” than to produce imaginary evidence ourselves.

2 § 27.

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