Every public offense must be prosecuted by indictment, or information except;
1. Where proceedings are had for the removal of civil officers of this state.
2. Offenses arising in the militia, when in actual service, and in the land and naval forces in time of war, or which the state may keep, with the consent of Congress in time of peace.
3. Offenses tried in justices' and police courts in cases concerning which lawful jurisdiction, without the intervention of a grand jury, is or may be conferred upon said courts.
R.L.1910, § 5536.