We have held that the same rule applies in criminal cases. City of Brookings v. Jensen, 88 S.D. 526, 222 N.W.2d 911 (1974); City of Pierre v. Smith, 87 S.D. 340, 208 N.W.2d 11 (1973); City of Pierre v. Lampert, 70 S.D. 114, 15 N.W.2d 360 (1944). Accordingly, the judgment in appeal # 12543 is affirmed, and appeal # 12667 is dismissed.