23A-6-1Indictment or information required for prosecution of offense--Exceptions.

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.