Brush v. Klauck

Auen, 342 N.W.2d 236 (S.D.1984), modified State v. Wikle, 291 N.W.2d 792 (S.D. 1980). In Wikle, 291 N.W.2d at 794, we expressed:

We take this opportunity, however, to express approval of the position espoused in the special concurring opinions in [City of Brookings v.'] Roberts [88 S.D. 623, 226 N.W.2d 380 (1975) ] to the effect that in any criminal prosecution, whether for violation of state law or city ordinance, in which a direct penalty of incarceration for any period of time could be imposed, the accused is entitled to trial by jury upon demand. See Baker v. City of Fairbanks, 471 P.2d…