P. v. Agbalog
Defendant appeals from his convictions on charges of rape and sexual intercourse with a person under the age of 16. His principal contention is that the trial court erred in addressing the refusal by the alleged victim, a minor, to testify concerning the circumstances of the offense. Court are constrained by paramount authority to conclude that, although the circumstances do not fall within any of the provisions of the governing statute, the trial court properly found the alleged victim to be 'unavailable as a witness' such that her preliminary hearing testimony was properly admitted. Nor can court say that defendant has established reversible error in any other respect. Accordingly, court affirm the judgment.
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