Similarly, when the dispute turns solely on the act and, the act being proved, there can be no doubt as to the author, arguments may be drawn in like manner both from the person and the facts, although with reference to the question of fact alone.
[16]
On the other hand, the
accused will always begin by denying the act, since
if this can be successfully proved, there is no need
to say anything more, while if it is not proved, there
remain other means of defence.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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