
    William Dempsey, App’lt, v. John Heany, Resp’t.
    Appeal from order vacating ah order for the examination of defendant before trial.
    
      Edmund Luis Mooney, for app’lt; Bernard Metzger, for resp’t.
   Per Curiam.

The learned judge was right in holding that no necessity for an examination was shown. Indeed, take the whole of the affidavit together it appears that the examination was to be used as a preparation for trial.

Order affirmed, with ten dollars costs.  