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φασὶ δὲ αὖ They argue that the general term κακουργία includes τὸ ἀποκτείνειν as well as τὸ ἱεροσυλεῖν, etc.: he admits this, but argues that these greater κακουργήματα should be tried under the laws special to each. The emendation φασὶ δὲ αὐτό γε τὸ ἀποκτείνειν, with ὥσπερ inserted before καὶ τὸ ἱεροσυλεῖν, is needless, and suggests a contrast, which has no point here, between accidental homicide and deliberate murder. ἐν τῇ ἀγορᾷ The prosecutor in a case of φόνος gave the accused formal notice (πρόρρησις) to keep away from all public places: see below § 88. Several law-courts were situated in the market-place: Lys. or. 19, § 55, “ἐγγὺς οἰκῶν τῆς ἀγορᾶς οὔτε πρὸς δικαστηρίῳ οὔτε πρὸς βουλευτηρίῳ ὤφθην οὐδεπώποτε”. (though I live near)
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