MR. JUSTICE PITNEY delivered the opinion of the court.
This is a review under the Criminal Appeals Act (March 2, 1907, c. 2564, 34 Stat. 1246), of a judgment of the District Court sustaining a demurrer to an indictment found under § 215 of the Criminal Code (Act of March 4, 1909, c. 321, 35 Stat. 1088, 1130).
That section provides: "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by...
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