22-1-4.   Felony and misdemeanor distinguished. Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.

Source: SDC 1939, § 13.0103; SL 1976, ch 158, § 1-7; SL 2005, ch 120, § 359.

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