The opinion
*152 ON REHEARING.
(3) On re-examination of the evidence set out in the record, we are of opinion that there is evidence tending to show that Ellis and his wife were joint owners of the heifer and that Ellis had possession of the heifer as such joint owner. On the tendencies of this evidence, it was a question for the jury, under appropriate instructions from the court, as to whether Ellis was, in the sense of the law, owner of the property. — Fowler v. State, 100 Ala. 96 , 14 South. 860 ; Young v. State, 100 Ala. 126 , 14 South. 872 ; Smith v. State, 133 Ala. 145 , 31 South. 806 , 91 Am. St. Rep. 21 .
Application granted; judgment of reversal set aside; affirmed.