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

[EX Q]: we see no abuse of discretion, and we therefore affirm the admission of dr. parran's expert testimony.
[EX A]: non-overruling

[EX Q]: capital argues that the board erred in relying on its previous decision in town & country supermarkets, which, in capital's view, was inadequately reasoned and materially distinguishable in its treatment of picketing.
[EX A]: non-overruling

[EX Q]: on this point, insofar as montgomery v. state, supra, and cases cited therein, state a different rule, we overrule them, and hold that such questions are questions of fact, not law, and that it is up to the trier of fact to weigh those factors and determine whether the defendant was intoxicated and, if so, whether the intoxication was a result of alcohol consumption prior to or after the commission of an offense.
[EX A]:
overruling