19-102. Prosecution by indictment or information — Exceptions. Every public offense must be prosecuted by indictment, or information, except:
1. Where proceedings are had for the removal of civil officers of the state.
2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace.
3. Offenses tried in justices, and probate courts.
[(19-102) Cr. Prac. 1864, sec. 6, p. 214; R.S., sec. 7351; am. 1899, p. 125; reen. R.C. & C.L., sec. 7351; C.S., sec. 8617; I.C.A., sec. 19-102.]