In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: Attorney General, Mary Jo Volkert, Senior Assistant Attorney General, Daniel M. King, Jr., Assistant Attorney General, for appellee. Judgment affirmed. Ray and Self, JJ., concur. 1 U. S. Const, amend. V; see also Ga. Const. Art. 1, § 3, ¶1 (a) (“Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.”); Horne v. Dep’t of Agric., _ U. S. _, _ (II) (A) (1) (135 SCt 2419,192 LE2d388) (2015) (“The principle reflected in the [Takings] Clause goes back at least 800 years to the Magna Carta . . . .”). 2 See, e.g., Wood v. B & S Enters., 314 Ga. App. 128, 128 (723 SE2d 443) (2012). 3 See Kellett v. Dep’t of Transp., 174 Ga.App. 214, 21 .App. 622, 624-25 (6) (522 SE2d 661) (1999) 
 Holding statements: (A) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (B) holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury (C) holding appellate courts must consider the trial courts jury charge as a whole (D) holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error (E) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence

A: (A)
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Q: evidence suggesting that each of the hotel stays involved the same individual, (e.g., the perpetrator gave the same fictitious address and/or fictitious telephone number; tips on credit card vouchers were in such amounts that the totals rounded off to even dollar amounts, the perpetrator departed prior to the scheduled end of his stay without checking out). “Evidence of this kind may be sufficient alone to establish a perpetrator’s identity. See United States v. Milhollan, 599 F.2d 518, 524-25 (3d Cir.1979) (finding similar modus operandi evidence probative of identity); 2 Jack B. Wein-stein & Margaret A. Berger, Weinstein’s Evidence ¶ 404[16] (1992) (discussing "signature” evidence in context of Fed.R.Evid. 404(b)).” See also Featherstone v. Estelle, 948 F.2d 1497 (9th Cir.1991) (<HOLDING>). Evidence of individual modus operandi may be 
 Holding statements: (A) holding that admission of testimony which denominated appellants modus operandi in previously uncharged and charged crimes was not clearly erroneous (B) holding that rule 404b evidence is probative of intent only when the prior acts were part of the same scheme or involved a similar modus operandi as the present offense (C) holding that prior con victions are not related simply because the crimes used the same modus operandi were part of a crime spree or shared the same motive (D) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (E) holding other crimes evidence was properly admitted to establish modus operandi when the defendant attacked older women as they exited their garages in the same area of chicago

A: (A)
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Q: of the crime” -without being “present at the commission of the offense.” Tolley v. Commonwealth, 216 Va. 341, 348, 218 S.E.2d 550, 555 (1975). Plainly, it is possible to incite, advise, or abet in the commission of a crime without at the same time having agreed to commit such crime. As the United States Supreme Court has stated, “[a]iding, abetting, and counseling are not terms which presuppose the existence of an agreement. Those terms have a broader application, making the defendant a principal when he consciously shares in a criminal act, regardless of the existence of a conspiracy.” Pereira, 347 U.S. at 11, 74 S.Ct. at 364. Thus, murder, even when committed as an accessory before the fact, does not require proof of an agreement. See also Ramsey, 2 Va.App. at 272, 343 S.E.2d at 470 (<HOLDING>). Because the charged murder and conspiracy 
 Holding statements: (A) recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense (B) holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense (C) holding that for facilitation of a felony the state must prove the commission of a specified felony and the assistance the accused gave to the person committing the specified felony (D) holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction (E) holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony

A:
(E)
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