The motion for rehearing but reiterates the contention made upon the original hearing that there was evidence calling for an instruction to the jury to the effect that there should have been an acquittal of the appellant if the offense was committed by Adam Franklin alone. The view is expressed that the announcement in the original opinion that the evidence was not such as rendered it incumbent upon the court to give the instruction mentioned is correct.
The motion is overruled.
Overruled.