Texas Attorney General Opinion: WW-1089 Page: 2 of 4
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Hon. George A. Day, Page 2
(WW-1089)
police power of the State for the protection of the
welfare', health', peace, temperance, and safety of the
people' of the' State, and all its provisions shall be
liberally construed for the accomplishment of that
purpose." Acts 44th Leg., 2nd C.S. 1935, ch. 467,
p. 1795. (Emphasis added.)
Article 666-25b, V.P.C., the subject act of this inquiry reads
as follows:
"Section 1. It shall be unlawful for any person
or persons to bring or carry into any enclosure, field
or stadium, where athletic events, sponsored or par-
ticipated in by the public schools of this State, are
being held, any intoxicating beverage or to have any
intoxicating beverage in his possession while in or
on said enclosure, field or stadium.
"Sec. 2. Provided that if any officer of this
State sees any person or persons violating the terms
of Section 1 of this Act, he shall immediately seize
such intoxicating beverage and shall within a reason-
able time thereafter deliver same to the County or
District Attorney who shall hold same as evidence
until the trial of the accused party and shall there-
after dispose of same.
"Sec. 3. Any person or persons violating the pro-
visions of this Act shall be guilty of a misdemeanor
and upon conviction shall be fined any sum not less
than Twenty-five ($25) Dollars and not more than Two
Hundred ($200) Dollars. . ."
Definitions as used in the chapter are set out in Article 666-
3a, Sec. (4) thereof providing, in part, the following:
"'Illicit Beverage' shall mean and refer to any
alcoholic beverage. . . possessed, .. i. in violation
of this Act, . . ; and any alcoholic beverage pos-
sessed, kept, . . . owned . . . in violation of the
provisions of this Act."
"Illicit" as applied above is given its usual and ordinary mean-
ing in the following definition from 20 Words and Phrases 93:
"'Illicit' means not permitted or allowed; improper;
unlawful. Kennedy v. State, 200 S.W.2d 400, 407, 150
Tex.Cr.R. 215. .
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1089, text, July 10, 1961; (https://texashistory.unt.edu/ark:/67531/metapth267701/m1/2/?q=%221961-07%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.