Criminal District Attorney
Beaumont, Texas Re: Opinion No. WW-1506
Subject: Marble
Dear Sir: Machines
You have recently requested an opinion of this office
relative to a special kind of marble machine. The letter of
inquiry states in part:
"On April 10, 1963, we requested an
opinion from your office on the legality
of a certain marble machine which allowed
free balls on obtaining a certain objec-
tive. ...'I
You then state that this office furnished you with a
copy of the opinion request of Mr. Henry Wade upon which
Opinion No. ~~-1506 was based. You state:
"The letter of inquiry did seem to
indicate that the subject marble machine
was one which is similar to the marble
machine which our Inquiry inferred.
"However, we are In need of an opinion
that sets forth and states that a marble
machine which allows an additional ball is
in fact Illegal, If that is your opinion.
Therefore, we request that you clarify or
modify your opinion No. ~~-1506 to set forth
a clear and definite holding on the legality
of such a machine. The opinion, as now writ-
ten, makes no reference to an additional ball
except In the quotation from a New York deci-
sion, and the facts describing the machine
only Indicate that it is equipped with 'fllppers.l"
In ~~-1506 we held as follows:
"Under the facts presented by you, we
agree with you 'Flipper Cowboy' does not fall
into the category of a coin operated gambling
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. .
Mr. W. C. Lindsey, Page 2 (C-89 )
device. In short, we can say that when a
player deposits his money in 'Flipper Cow-
boy' he pays for and receives one game.
That is all he bargained for and all he will
get. Only the length of the game is left to
be determined and that by the skill of the
player. When that one game is completed the
only way the machine can be replayed Is by
depositing an additional coin."
We then held that "Flipper Cowboy," a type of coin-operated
marble machine was not a gambling device and was not prohl-
blted under Article 642a of the Texas Penal Code.
In your letter of April 10, 1963, you described the
marble machine as follows:
"The said 'marble machine' has a playing
field set on four legs and is played by insert-
ing a coin in the machine:
'No free games or money are returned to
the player under any circumstances.
'The machine has mechanical devices on
either side of the playing field called
'flippers', which, if properly,manipulated,
enable the player to hit the ball in play
thereby preventing the ball'from falling into
the 'return hole' and allowing the player to
continue the same game.
"The game Is played with one ball, which
is allowed to fall Into the 'return hole' af-
ter passing through the playing field, the
time required to pass through the playing
field and the score accumulated being depen-
dent upon the skill of the player in using
the 'flippers' to keep the ball In play and
make It strike certain objects In the field
of play.
"AS the ball Is allowed to fall Into the
'return hole', -it Is re-played a minimum of
five times In one game.
"The game may be continued by the player
and with the same ball if said player is
skillful enough to obtain certain scores or
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Mr. W. C. Lindsey, Page 3 (c-89 )
to strike certain objects In the field of
play under certain known circumstances.
This continuation of the game is by the
process of allowing the ball to be shot
additional times, up to 'amaximum of five
shots in addition to the original five
shots, but the score accumulated and the
whole process constitutes only one game."
As we understand the operation of the machine, a minl-
mum of five and a maximum of ten balls constitute one game.
Whether the player receives the minimum of five balls or more,
up to the maximum of ten, Is dependent on hisskill in mani-
pulating the "flippers". He has, therefore, received only
one game for his consideration (coin).
Under these circumstances we affirm our holding In
Opinion ~~-1.506.
SUMMARY
A marble machlne,which allows additional
free balls as,.certainscores are obtained,
such balls being obtained within the same
game and upon the payment of a single con-
sideration, Is not a'gambllng device per se
and is not therefore prohibited under Article
642a of the Texas Penal Code.
Very truly yours,
General ofpxas
Norman V. Suare
NVS:nss
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Mr. W. C. Lindsey, Page 4 (C-89 )
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
F. R. Booth
Howard Mays
Gilbert J. Pena
Howard Fender
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone,