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for they attacked the motion as unconstitutional,1 subscribing the name of Lycinus to the indictment, in which they proposed a penalty of one hundred talents. When the case came to trial Philocrates was ill, and called as his advocate Demosthenes, not me. And Demosthenes the Philip-hater came to the platform and used up the day in his plea for the defence. Finally Philocrates acquitted, and the prosecutor failed to receive the fifth part of the votes.2 This is matter of common knowledge.

1 On the indictment for proposing an unconstitutional measure, see Aeschin. 3, Introduction.

2 A prosecutor who failed to receive one-fifth part of the votes of the jury was subject to a fine of 1,000 drachmas and disability to bring such a suit in the future.

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