Because of the prosecutor’s remarks during summation and because I concur in all that Judge Fuld is writing on that phase of the case, I dissent and vote to reverse. As to the pre-emption point, that has been taken out of this situation, finally and completely, by the United States Supreme Court’s decisions (Abbate v. United States, 359 U. S. 187, and Bartkus v. Illinois, 359 U. S. 121).