[26]
Moreover he argued that before the trial is held such expressions as
“if a man kill,” “if a man rob a
temple,” “if a man commit treason,” and the like,
are merely phrases of accusation: they become definitions of crime only after
trial and conviction. To a formula of accusation he thought it proper to attach
not punishment, but only trial; and therefore, when enacting that, if one man
killed another, the Council should take cognizance, he did not lay down what
should be done to the culprit if found guilty.
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