In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
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Question: given the supreme court's decision in gaudin, we conclude that beuttenmuller's holding that materiality under section 1006 is a question of law for the court has been overruled.

Answer: overruling


Question: but an inference of a participation in a conspiracy based on presence must be accompanied by evidence that the defendant ""supported, assisted, encouraged, cooperated with, advised, or incited the principal in the commission of the crime, and that the defendant shared the criminal intent of the principal.""

Answer: non-overruling


Question: we further recede from our decisions in metropolitan dade county v. marusa, 295 so.2d 704 (fla. 3d dca 1974), and victor v. stierheim, 380 so.2d 1319 (fla. 3d dca 1980), to the extent that they may conflict with our holding in the present case.

Answer:
overruling