Gordon v. State

STAKELY, Justice.

In the case of Elkins v. State, "250 Ala. 672, 35 So.2d 693, this court held that the best evidence rule does not apply to confessions which are extrajudicial. It was pointed out that all that the accused wrote or said which is material to the •charge is competent against him. Applying the principle to the present case the .state could show either what the defendant voluntarily said when she was examined ■or it could show the writing which she vol•untarily gave as containing a statement of ■the facts.

Now if the state undertook to follow the first alternative, the evidence…