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
--------
Question: the fact that the jury acquitted the defendant of operating while under the influence of liquor did not ""preclude their consideration of the evidence of intoxication in considering the negligent operation charge.""

Answer: non-overruling


Question: attorney for appellant  rory gallaghermarion county public defenderindianapolis, indiana  attorneys for appellee  curtis t. hill, jr.attorney general of indiana  ian mcleandeputy attorney generalindianapolis, indiana    appeal from the marion superior court  the honorable david hooper, magistrate  trial court cause no. 49g12-1610-cm-39839  bailey, judge.

Answer: non-overruling


Question: apparently every other circuit has decided that the reasons against having the rule outweigh those that favor it, at least where the supreme court issues a decision that upsets precedent relevant to a pending case and thereby provides an appellant with a new theory or claim.

Answer:
overruling