No. 5144. November 9, 1955. Robert A. Lehman, Denver, Colo., for appellant. Robert D. Inman, Asst. U.S. Atty., Boulder, Colo. (Donald E. Kelley, U.S. Atty., Denver, Colo., on the brief), for appellee. Before BRATTON, MURRAH and PICKETT, Circuit Judges. BRATTON, Circuit Judge. The information in this case charged that Phillip Rose, having devised a scheme and artifice to obtain money by means of false and fraudulent pretenses and representations, transmitted or caused to be transmitted, by means of