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SMITH v. McNAMARA

Nos. 9761, 9754.

395 F.2d 896 (1968)

James Wm. SMITH, Appellant, v. Robert S. McNAMARA, U. S. Secretary of Defense, Appellee. Gilbert Esco ANGLE, Appellant, v. Robert S. McNAMARA, U. S. Secretary of Defense, Appellee.

United States Court of Appeals Tenth Circuit.

June 12, 1968.

Attorney(s) appearing for the Case

William M. Allison, Denver, Colo. (each petitioner pro se on separate briefs) for appellants.

Benjamin E. Franklin, Topeka, Kan. (Newell A. George, Topeka, Kan., with him on brief) for appellee.

Before MURRAH, Chief Judge, JONES, Court of Claims, and BREITENSTEIN, Circuit Judge.

MURRAH, Chief Judge.

By separate petitions to the District Court of Kansas, Smith and Angle sought in effect to mandamus the Secretary of Defense to remove from their records dishonorable discharges resulting from court martial convictions in 1945 and 1948, respectively. The salient contention in both petitions seems to be that the court martials were void because petitioners were denied their constitutional right to counsel. On the authority of Ashe v. McNamara,...

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