The facts bring this case within the rule stated and applied in State v. Houghton, 134 Minn. 226, 158 N. W. 1017, and State v. City of Minneapolis, 136 Minn. 479, 162 N. W. 477. No distinction in point of substance can be *485made between the facts there presented and those here before the court, and the decisions there rendered are followed and applied.

The order appealed from is therefore reversed.