DREW, Chief Justice.
These two appeals were consolidated and will be disposed of in one opinion inasmuch as the points involved in both appeals are identical.
The defendants in the court below, Thompson and Mounier, were arrested by officers of the Department of Conservation for spearfishing in a prohibited area in Monroe County contrary to the provisions of Section 370.172(2), Florida Statutes 1963, F.S.A. They were tried before the court without a jury,...
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