Toops v. State

It is objected to the sufficiency of the affidavit on which the information is based, that the matters are stated upon information and belief. There is no force in this objection. It is well settled that it is not necessary that the affidavit should show that the statements are made from the affiant’s knowledge, and that it will be sufficient if it appear that they are made upon information and belief. Franklin v. State, 85 Ind. 99; State v. Buxton, 31 Ind. 67; Curry v. Baker, 31 Ind. 151; State v. Ellison, 14 Ind. 380; Simpkins v. Malatt, 9 Ind. 543.

It is said that the ditch which appellant…