In Re Potts

MALLARD, Chief Judge.

The first question presented by appellant is whether the court erred in admitting into evidence a photostatic copy of a statement signed by two of the witnesses. Appellant contends that the admission thereof contravened both the best evidence rule and the rule prohibiting a party from impeaching his own witness.

“The best evidence rule applies only where the contents or terms of a document are in question. * * *

Even where the contents of the document are in question, production is not required if the writing is only collaterally involved in the case. * * * ” Stansbury, N.…