
    KIRBY v. WARDEN OF MARYLAND PENITENTIARY
    [App. No. 132,
    September Term, 1963.]
    
      Decided March 6, 1964.
    
    Before Henderson, Hammond, Horney, Marbury and Sy-BERT, JJ.
   Per Curiam.

For the reasons set forth in the order of Judge Foster in the lower court, the application for leave to appeal is denied.

Application denied.  