d . 

Hon. F. M. Cowmert 

Director of Law Enforcement 

Game, Fioh and Oyster Commismion 

Austin, Texas Opinion No. V-59 

Re: Whether or not under Article 910 

of the Penal Code it is unlawful 

to kill a wild female deer. 

Dear Sir: 

We have your request for an opinion upon the 

above titled subject matter, in the last paragraph of 

which you say: “In the final analysis, the question is, 

in proseoutiona under Art,. 910, Penal Code 192’5, is it 

necessary always to prove that the dear was wild?” 

Article 91Qy insofar a8 pertinent, is as follows : 

“It shall be unlawful~for any person to 

take, kill, * * *~ shoot at, hunt or o;s+est, 

dead or alive any wild female d~eer, 8 . 

We shall first determine, as best we may, juet 

what the Legislature meant by the term “wild female deer”. 

It is a fundamental rule of statutory construction that words used therein are to be construed in their 

usual, ordinary, commonly-accepted meaning, unless the 

contrary thereof plainly appears from the context. This 

rule is applioable alike to civil and penal statutes. 

Art. 7 of the Penal Code declares that: 

*This code and every other law upon the 

subject of crime which may be enacted, shall 

be construed according to the plain import of 

the language in which it is written, without 

regard to the distinction usually maUe between 

the oonstruction of penal laws and laws upon 

other subjects g 5 a.* 
Hon. P. Y. Celeert2 Page 2, V&59 

B 

leatees, and iia abt 04rtxfiaeit by et3 4Stelamur8 apptbxenty suf~iclent to hQl& it, ,ox v$aibky tethered or within 

the Vis$bl8'obntrCl 0r some person, 

This CCnstIUCtiQn COmpoPt0 with the cl8ax purpQB8 Of this Statute, that is, t0 pXeV4nt the slaughter 

of wild deer es evidenced by OCR policy of wild game presematfon. 

Within the meaning of this rule, a deer, loose 

on the wrang8w would be a *wild" deer within the meaning 

oS.the statute even thCugh it, had formerly b,een at any 

time, and r0r any length 0r time, in captivfty, 

Et is worthy OS nC,tice that under,Seotion 3 of 

t&.t title, Lioense ror Game Elreeder, 0r El. 8. 275, bets 

1!&3 9 48x& ‘Lea * ‘I it is declared that *All game birds or 

g&&8 aaf#Mh?. held Under a game br8eder's lice&Be shall 

Mnein Under the. full fQ,XC'oe of any or all laws Cr regulatiens Qr this State pertaining tm wild game birds or 

wild game animals in order that these necessary police 

rqgul;ations r0r the preservation or native Sam8 species 

may b8 ,enfeDXd ,ts the benefit of the State." 

And the succeeding section turther- declare&: 

*Ior the purpose or this aot 'Captivity' is defined a8 

an enclosure suitable for retaining, and that will retain at all times Under reasonable and ordinary circumstances the bird, fowl, or animal so enclosed, and so ., 
Thle statute would psrhapr ,jpstiiti a 

alaeeiriaetioa thra we hare mada aberm, that La, fat0 

wild Zemale deer end tomale de.? in orptiritya 

Specifioal3y, rtth rea 

tloa, we beg to edrise ar fou q u! 

aat to P)Pr lmt gumto roll know that it. 1s 

er8sntial lp. a crfalnnl proesoutloxl for the State tg 

prove every rwi ~6r~ntial to th0 005i66io~ or th0 0ri~ 

ob8rged, and this melee la the prewnt oaae, that the 

strte wquld be requlre(l tr prove tint the r080ibh a00p 

was a Wwild* fernala deei. This oould be pnmd, howerrr, 

l $thor by direct erideacs or ofrowtantial ofiaeme. 

OrdQfarlly, we think, the prori~@ of tha phoe whelu the 

deer ww ktll6d would atford rrfUsnae a8 to it$ otrrncttor 

ar herein deflaedr 

(1) The tslm “wild fanale drawn a8 umd in 

Art1010 910 of the ?aml Coda, moana rueb i0~1r 

deer at llbsrt~ to maa et will’, a8 dilrtin(ei8hed 

tror ona la aaptltlty or rlelbly Under oontrol of 

some person* 

(8) Ia a prw&mtlon,endsr that article, it 

would be ~leoe~m to support d 4onviotitin that 

the Stats prove t %a 3 the deer killad or shot at 

wa$ a nwild female deer”, Suoh ‘proof, howqwr, 

may be rprde either bg direot eridsnoe or oiroeastsntial bvidenoa. 

BY 

OOi6 Bprcr 

Aaaietant 

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