JOHNSON, Judge.
Appellants, Earl Robinson and Robert S. Moore, were convicted in the Circuit Court of Monroe County of the offense of taking or attempting to take fish from the public waters of Alabama by means of an electrical device. This appeal is from the judgment of conviction, which is based upon a jury verdict.
Act No. 786, page 1384, Acts of Alabama 1951 (see Tit. 8, Sec. 79(1)) reads as follows:
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