41 So. 2d 610 | Ala. | 1949
In the case of Elkins v. State,
Now if the state undertook to follow the first alternative, the evidence fails to meet legal requirements. Batchelder did not testify as to what the defendant said. At best he identified a writing which might be regarded as a memorandum of what the defendant said and then the writing was introduced in evidence. This was incorrect. Parsons v. State,
This brings us to the second alternative. Could the writing which was introduced be regarded as the written confession of the defendant? We do not think the evidence justified the introduction in evidence of the writing on this basis. Once the theory is adopted that the confession was in writing, then the best evidence rule sets in when it is a question of identifying the particular writing containing the confession. It is true that a written confession requires no signature by the defendant, but once it is shown that the written confession which she made was identified by her signature, then it should be shown why that writing was not introduced before another writing becomes admissible. No such showing was made in this case.
The judgment of the Court of Appeals is affirmed.
Affirmed.
BROWN, FOSTER, LIVINGSTON, LAWSON and SIMPSON, JJ., concur.