indicia 音标拼音: [ɪnd'ɪsjə]
n . 标记,邮戳
标记,邮戳
Indicia \
In *
di "
ci *
a \,
n .
pl . [
L .,
pl .
of indicium ,
fr .
index an index .] (
Law )
Discriminating marks ;
signs ;
tokens ;
indications ;
appearances . --
Burrill .
[
1913 Webster ]
INDICIA ,
civil law .
Signs ,
marks .
Example :
in replevin ,
the chattel must possess indicia ,
or earmarks ,
by which it can be distinguished from all others of the same description .
4 Bouv .
Inst .
n .
3556 .
This term is very nearly synonymous with the common law phrase , "
circumstantial evidence ."
It was used to designate the facts giving rise to the indirect inference ,
rather than the inference itself ;
as ,
for example ,
the possession of goods recently stolen ,
vicinity to the scene of the crime ,
sudden change in circumstances or conduct , &
c .
Mascardus ,
de Prob .
lib .
1 ,
quaest .
15 ;
Dall .
Dict .
Competence Criminelle ,
92 ,
415 ;
Morin ,
Dict .
du Droit Criminal ,
mots Accusation ,
Chambre du Conseil .
2 .
Indicia may be defined to be conjectures ,
which result from circumstances not absolutely necessary and certain ,
but merely probable ,
and which may turn out not to be true ,
though they have the appearance of truth .
Denisart ,
mot Indices .
See Best on Pres .
13 ,
note f .
3 .
However numerous indicia may be ,
they only show that a thing may be ,
not that it has been .
An indicium ,
can have effect only when a connexion is essentially necessary with the principal .
Effects are known by their causes ,
but only when the effects can arise only from the causes to which they .
are attributed .
When several causes may have produced one and the same effect ,
it is ,
therefore ,
unreasonable to attribute it to any one of such causes .
A combination of circumstances sometimes conspire against an innocent person ,
and ,
like mute witnesses ,
depose against him .
There is danger in such cases ,
that a jury may be misled ;
their minds prejudiced ,
their indignation unduly excited ,
or their zeal seduced .
Under impressions thus produced ,
they may forget their true relation to the accused ,
and condemn a man whom they would have acquitted had they required that proof and certainty which the law demands .
See D '
Aguesseau ,
Oeuvres ,
vol .
xiii .
p .
243 .
See Circumstances .
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