Matthews

Appellant was convicted of attempted robbery (Pen. Code, §§ 212.5, subd. (b), 664), 1 which was committed at the Empire Savings and Loan office (hereafter the bank) located at 1967 Market Street in San Francisco. At approximately 1 p.m., appellant entered the bank, approached teller Katy Chue with his hand in his coat pocket suggesting possession of a gun, and demanded money. Chue exclaimed, “Oh no. Not again” before retreating from her station to hide under a counter.

John Finn, who was then working at the next teller’s window, asked appellant if he could help. Appellant replied: “Come on, give me the money.” Fearing appellant might shoot, Finn stepped back behind a partition between the tellers’ windows and told appellant he did not have any keys.

Charles Lamb, bank manager, was summoned to the scene. In response to Lamb’s query, “Can I help you, sir?”, appellant said, “I want the money,” a demand he repeated several times, coupled with a threat to shoot Lamb. When Lamb also denied having keys, appellant finally ceased his demands for money and left the bank. While Lamb contacted the police, Finn pursued appellant briefly before losing sight of him.

San Francisco…