Every public offense must be prosecuted by an indictment or by an information signed by a prosecuting attorney except:
- (1) A proceeding for the removal of a civil officer of this state;
- (2) An offense arising under the laws, rules, and regulations relating to the National Guard;
- (3) An offense arising under the laws of this state which is a Class 2 misdemeanor or petty offense or which is punishable by a fine not exceeding two hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment;
- (4) An offense arising from the violation of an ordinance or bylaw of a unit of local government of this state.
Source: SDC 1939 & Supp 1960, § 34.2904; SDCL, § 23-2-5; SL 1978, ch 178 , § 61; SL 1991, ch 187 , § 6.