In re: Wilbert Matthews applying for Writ of Mandamus.

Writ denied. In view of the fact that applicant’s application for rehearing in connection with our affirmation of his conviction has this date been denied. See State v. Matthews, #56,460 on docket of this court. This writ application is moot. No purpose would be served by allowing a supplementation of the record.

concurs in the denial. The record shows that, although a motion to suppress the physical evidence may have been filed, Tr. 40 and pp. 101, 105-108 of trial Docket #56,140, it is not part of the record nor was any Bill of Exceptions filed as to the denial of this motion, nor was any objection to evidence made on the basis of an unconstitutional search and seizure of it. See Tr. 130-31. The majority correctly holds that the relief sought for is moot.