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 fol- lows :

“It shall be unlawful~for any person to * * *~ shoot at, hunt or o;s+est, take, kill, 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 construc- tion that words used therein are to be construed in their usual, ordinary, commonly-accepted meaning, unless the contrary rule thereof plainly appears from the context. This

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

leatees, and iia abt 04rtxfiaeit by et3 4Stelamur8 apptbxent- y suf~iclent to hQl& it, ,ox v$aibky tethered or within B 0r some person, the Vis$bl8'obntrCl

This CCnstIUCtiQn COmpoPt0 with the cl8ax pur- pQB8 Of this Statute, that is, t0 pXeV4nt the slaughter of wild deer es evidenced by OCR policy of wild game pres- ematfon.

Within the meaning of this rule, a deer, loose on the wrang8w would be a *wild" deer within the meaning even thCugh it, had formerly b,een at any oS.the statute 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 that *All game birds or 1!&3 9 48x& ‘Lea * ‘I is declared 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 regula- tiens Qr this State pertaining tm wild game birds or wild game animals in order that these necessary police r0r the preservation or native Sam8 species rqgul;ations may b8 ,enfeDXd ,ts the benefit of the State." And the succeeding section turther- declare&: *Ior the purpose this aot 'Captivity' is defined a8 an enclosure suitable for retaining, and that will re- tain at all times Under reasonable and ordinary circum- stances 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 aat to P)Pr lmt gum- to roll know that it. 1s tloa, we beg to edrise ar fou q u! 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 $thor by direct erideacs or ofrowtantial ofiaeme. OrdQfarlly, we think, the prori~@ of tha phoe whelu the deer ww ktll6d a8 to it$ otrrncttor would atford rrfUsnae 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, would be ~leoe~m to support d 4onviotitin that the Stats prove t 3 the deer killad shot at %a

wa$ a nwild female deer”, Suoh ‘proof, howqwr, may be rprde either bg direot eridsnoe or oiroea- stsntial bvidenoa.

BY OOi6 Bprcr

Aaaietant 0S:aom: jrb