State v. Mee

This appeal is here on rehearing; the opinion of the court is reported in 67 S. D. 335, 292 N. W. 875. In his petition for rehearing counsel for appellant contends that the court did not consider the jurisdictional question contained in SDC 34.3401. This section of the Code reads as follows: “Prosecution in such county courts as have jurisdiction of criminal actions, in cases triable in a justice court as prescribed in chapter 32.09 shall be upon complaint. All other prosecutions of which such courts have jurisdiction shall be prosecuted therein upon information after a preliminary…