Lemke

The appellant was convicted of the crime of attempting to obtain money by false pretenses in violation of § 65-5-81, Alaska Compiled Laws Ann., 1949. His brief upon this appeal contains no specification of errors as is required by Rule 18(d) of this court and therefore may be said to present nothing for review. United States v. Cushman, 9 Cir., 136 F.2d 815 ; United States v. Shingle, 9 Cir., 91 F.2d 85 ; Walton v. Wild Goose Mining & Trading Co., 9 Cir., 123 F. 209 . However, we have the power to notice a plain error even though not properly brought to the attention of the court, Criminal Rule 52(b), 18 U.S.C.A. Accordingly we now undertake to glean as best we may from appellant’s brief the points which he attempts to argue.

The evidence shows that Lemke was employed as manager of the Civilian Mess at Ladd Airforce Base, near Fairbanks, Alaska. This was a privately owned and operated concern engaged in the business of operating a cafeteria. Lemke, as manager, had prior to the date named in the indictment, purchased vegetables for the use of the cafeteria from one Elbert, a truck farmer. Lemke proposed to Elbert that the latter make out three invoices or sales slips showing…