(dissenting). I dissent on the grounds fully set forth in State v. Northrup, ante, page 522.

This is an appeal by the state from the order of the district court granting defendant’s motion for a new *552trial. The defendant moved to dismiss the appeal on the same grounds as a similar motion was made in the case of State v. Northrup, ante, page 522. On the authority of that case, it is ordered that the appeal herein be dismissed.