United States v. Garland Spencer

Spencer, a Native American convicted of murder, raises on appeal two issues of first impression. First, does infliction of injuries on a fetus, who is bom alive but dies as a result of those injuries, constitute murder under 18 U.S.C. § 1111 ? Second, does the Major Crimes Act, granting federal jurisdiction oyer certain crimes between Native Americans, incorporate this inclusive definition of murder? We hold that fetal infanticide is murder within the meaning of both statutes, and affirm the district court’s order denying Spencer’s motion to dismiss his murder charge for failure to state a federal crime.

BACKGROUND

Spencer assaulted Rena Blackgoat, also a Native American, kicking and stabbing her in the abdomen. At the time of the assault, she was pregnant. She was hospitalized and treated successfully for life-threatening injuries. A fetal monitor indicated that the fetus was distressed. An emergency Caesarean section was performed in an attempt to save the child’s life. The autopsy report said:

A medical examiner found that the baby lived for ten minutes. Spencer stipulated in his plea agreement that the infant was bom alive.

He was charged with: Assault resulting in serious…