Criminal District Attorney 

Beaumont, Texas Re: Opinion No. WW-1506 

Dear Sir: 

Subject: Marble 

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 objective. . ..'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 written, makes no reference to an additional ball 

except In the quotation from a New York decision, 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 Cowboy' 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 prohlblted 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 inserting 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' after passing through the playing field, the 

time required to pass through the playing 

field and the score accumulated being dependent 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 'a maximum 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 minlmum 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 manipulating 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,.certain scores are obtained, 

such balls being obtained within the same 

game and upon the payment of a single consideration, 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,