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OFFICE OF T#E.AnORNEY GENERAL OFTEXAS
AUSTIN
Honor~bbieRor?orCnrrison, Sr., Director
Dwnrtmont of Public Safety
cm &,&y
Austin, Taxza A
\ \
ing our opinion
roada 88 follownr
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Honors+3 Homer ffarrison, Jr.,y-?np 2
gain of any structure on which may be played any game of any
kind or character playelxith balls, OUQB OP pins, vNoh 13
similar to pool or billiards. D.evisvs. State, 225 S.W. 532.
St will be noted that the kind or oharaoter of
gamy referred to must be played uith balls, mea or pins,
and must be sir&Lar to pool or billiards.
Webster's Nou InternatAohalDictionary, Seoond Ed%-'
t&on, defines "b~lllards"as;
'Any of several gsmes played on an oblong
table, nov made vith a ,slatobed covered uith
gwen oloth, surroundedby au elastic e&e or
. cushion, vlth balls vhich are impelled by a oue.
"In the American or French gnuo, the stand-
ard table is ten by five feet, outside msasure-
merits,and la wlthout pockets, the balls are
2 3/8 lnchee in diem&m, and points are scored
by aaromB only. Smaller table= are often uscd."
'Pool' is doflned in Webster's Xew Uternatlonal
Diotlonarg, Seoond Edltion, as: ;
"Any of various games of billiards played
on a pool table with, usually, flftcen,,objeot
balls marked or plain, and a quo ball.
Tie Court of,.Z~titiI:rr?!
Appeals in the case of Taylor
va. State, 95 3.W. 119, speak- throtqh Judge Bondereon, saldt
, "Century Dictlonarg dofines 'Pool" as a
/
game played on a billLard tablo with six pockets
by tvo or more persons. Xn the United States,
the game 2s played vith flftoon balls, enah ball
numbered and oountizq 1 to 15. !Phoobject of
each player ie to pocket the balls; the $unber
of each ball being plaocd to hts credit.
Your letter contains no description of the 'pin ball
machina" or "marble tables" rbforrod to, but ve assum these ~
machInes or tables are built and oporated dn substantially
the sape grlnaiple aud are similar to the marble machine Con-
demned by the relative1 recent onsos of Ahsms VS. Antonlo
Clv. App.) 88 3.W. (2d3 503; Roborts vs. Qosaott (Civ.
8 SiV. (26) 507; and Houston v. Fox (Clv. Am.) 93 9-W.
781.
...
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Bonorable Homer Oarrison, Page 3
Therefore, in vlev of the foregoi= authbrlties,
and in view of the &vlous purpose of the LogLslature In
enaolhg Article 4668, 3upra, you are respectfullyadvised
that ,Ltis the opinion of this Department that your.questloa
ohoula be answered in the ;IsgatLve.
Trusting that this @sposes of your Inquiry, we '
remain
Your5 vary truly
A'JZORIJEYOEKSR~II
OF-
D. Burle Dwlae
Assistant
DBDiAW A~PROVEDDEC'~~,1940