A magistrate has no authority to issue a warrant for the arrest of a person without an affidavit is first made by some person charging the accused with a crime, or that there is probable cause to suspect that he committed it. An affidavit which fails to allege that a person committed a crime will not confer jurisdiction on the magistrate to issue a warrant, and one who has been arrested on a warrant so issued is justified in resisting the arrest and may break away from the custody of the officer.15