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

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.""
non-overruling

we disapprove the statements in the opinion on rehearing in day that implied the contrary, and (like the author of those statements) we disapprove the decisions that have held the contrary.
overruling

to the extent any language in herman suggested otherwise, we disavow it.

overruling