Diebler v. State

With the contention of the prosecution, we do not agree. These statutes are to be construed strictly. Power is given to amend the warrant or information and to change the charge to meet the evidence. The stat ute does not give the magistrate or prosecutor the authority to change the affidavit upon which the warrant is issued. The reason for the distinction is apparent. Information is filed by an officer of the court. A warrant is issued by an officer of the court. Information and warrant are public documents. An affidavit is the act of an individual for the signing of which such individual is…