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Conviction
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Rule of Intent
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First degree murder
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intent conclusively presumed.
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Second degree murder
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intent presumed, but may be rebutted.
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Third degree murder
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lack of intent presumed, but may be rebutted.
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Involuntary manslaughter
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-
•
lack of intent presumed, but may be rebutted.
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•
generally regarded as unintentional slaying and thus does not bar entitlement to benefits,
the lump sum death payment, or payment of an underpayment.
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Voluntary manslaughter
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-
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no presumption, facts relative to the slaying must be developed.
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•
decision depends on the laws of the State in which the charge is preferred.
NOTE: If State law does not distinguish between voluntary and involuntary manslaughter,
follow the steps for voluntary manslaughter.
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NOTE: There is no special development required to seek evidence that rebuts a presumption.
However, if a record or information (e.g., a precedent case, or opinion) is available,
that shows one of the stated presumptions is erroneous in a particular jurisdiction,
we disregard the presumption.