Richard Erwin Sauer v. United States

Appellant was convicted by jury verdict under an indictment charging a violation of 18 U.S.C.A. § 2113 (a), to wit, entering a national bank with intent to commit larceny therein. He was sentenced to a term of five years with recommendation that facilities be made available to him for treatment of his mental condition and epileptic affliction.

I. The Facts.

The alleged offense occurred on November 21, 1955, in Los Angeles, California, at approximately 2:45 P.M. At that time appellant entered the Hill Street branch of the Citizens National Trust & Savings Bank of Los Angeles, a member bank of the Federal Reserve System. He was dressed in dark trousers, a peaked cap, overcoat, sportcoat, and two shirts, one worn underneath the other. Appellant had in his possession a shopping bag, a plastic “Dragnet type” toy revolver, and a holdup note, demanding money and admonishing the recipient to remain silent. The evidence is somewhat in conflict as to precisely what happened thereafter. For purposes of this appeal it is not material. Apparently, appellant spoke with the bank guard who directed him to Mr. Swenson’s desk where he informed the bank official in essence that he had come into…