WHITESIDE, J.
Defendant appeals from a judgment of the Franklin County Court of Common Pleas and raises two assignments of error as follows:
"I. The trial court below committed prejudicial error where, over objection of counsel, the court allowed testimony of a prosecution witness, who was allegedly unavailable, without first having laid the proper foundation as to the unavailability of said witness; that the defendant had the same or similar motives to develop...
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