The question of timeliness of the application for rehearing is an issue; nevertheless, the resolution of that issue would be fruitless because the application is not meritorious. The issue in State v. Anderson, La., 349 So.2d 811, rehearing denied this day, is not before the court in this case.

SUMMERS, J., is of the opinion the application is untimely and should not be considered. Questions arising out of the timeliness issue are properly the subject of post conviction remedy.