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U.S. v. SPENCER

No. 87-1218.

839 F.2d 1341 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Garland SPENCER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 17, 1988.

Attorney(s) appearing for the Case

David G. Alvarez, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Roger W. Dokken, First Asst. U.S. Atty., Chief, Criminal Section, Phoenix, Ariz., for plaintiff-appellee.

Before WRIGHT, WALLACE and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

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 born 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 over certain crimes between Native Americans, incorporate this inclusive definition of murder? We hold that fetal infanticide...

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