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

Q: we simply stated that "" '[i]n its discretion, a reviewing court ""may reduce the degree of an offense to a lesser[-]included offense when the evidence fails to prove the defendant guilty beyond a reasonable doubt of the greater offense.""

A: non-overruling
****
Q: we conclude that we are required to hold that the specific offense designated as the object of the conspiracy in a  371 indictment does constitute an element of the offense, and we therefore overrule our opinion holding to the contrary, united states v. alerta, 96 f.3d 1230, 1239 (9th cir. 1996), overruled on other grounds by united states v. nordby

A: overruling
****
Q: lyons, special justice (concurring specially in case no. 1130184).

A:
non-overruling
****