In People v. Fyfe (1929) 102 Cal.App. 549, upholding the trial court's dismissal of charges not shown by the evidence at the preliminary hearing, this court stated: 'The clear purpose of these enactments is to give the accused a preliminary hearing either before a grand jury or before a committing magistrate, and to deny to the district attorney the right to force a defendant to trial before a jury upon an information which is not within the scope of the evidence taken. . . . . . . In declaring that an information "cannot" be amended so as to charge an offense not shown by the evidence taken at the preliminary examination, the terms of the section are mandatory. They are in whole harmony with the provisions of section 8 of article 1 of the Constitution now section 14 requiring an examination and commitment by a magistrate as a prerequisite to the filing of an information by the district attorney.'