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California Probate Code Section 254

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(a) A final judgment of conviction of felonious and
intentional killing  is conclusive for purposes of this part.
   (b) In the absence of a final judgment of conviction of felonious
and intentional killing, the court may determine by a preponderance
of evidence whether the killing was felonious and intentional for
purposes of this part.  The burden of proof is on the party seeking
to establish that the killing was felonious and intentional for the
purposes of this part.

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Last modified: January 12, 2009