California, United States of America
The following excerpt is from People v. Rojas, 125 Cal.Rptr. 357, 15 Cal.3d 540, 542 P.2d 229 (Cal. 1975):
In People v. Gomez (1972) 26 Cal.App.3d 225, 103 Cal.Rptr. 80, the reviewing court held that the trial court did not abuse its discretion in admitting into evidence the testimony of a witness at a preliminary hearing where at the time of trial she was confined to a state hospital and two psychiatrists testified there was a strong possibility that her appearance in court would be detrimental to her mental health. The trial court had determined that the witness' mental condition rendered her unavailable as a witness within the meaning of section 240, subdivision (a)(3). (At pp. 229--230, 103 Cal.Rptr. 80.) 6
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