[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.
Quintilian. With an English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1920.
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