It is ordered that the petition for rehearing filed in the above styled and numbered cause be, and the same is, hereby denied.

(concurring in part and dissenting in part):

I would grant the petition for rehearing to the extent noted in my dissent to the original opinion and for that purpose I dissent from the denial of the petition for rehearing; otherwise I concur.

(dissenting) :

I would grant the petition for rehearing for the reason that the Appellate Court has no jurisdiction by virtue of Rule 37(a) (2) of the F.R.Crim.P.

It appearing that each of the members of the Court adheres to his views originally expressed in the several opinions heretofore filed, the petition for rehearing is denied.