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.evis vs. 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 InternatAohal Dictionary, Seoond Ed%-' t&on, defines "b~lllards" as;

'Any of several gsmes played on an oblong table, nov made vith a ,slato bed covered uith gwen oloth, surrounded by 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. !Pho object 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. (2d 3 503; Roborts vs. Qosaott (Civ. 8 SiV. (26) 507; and Houston v. Fox (Clv. Am.) 93 9-W. 781.

. . .

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 respectfully advised that ,Lt is 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