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Mon, Nov 23 2009 

‘Phantom knife’ forces continuance in Webb City stabbing case

She said other men at the gathering held the women who were there back from the combatants during the fight.

Fleischaker objected to both women’s testimonies with respect to what they heard Burton say, arguing that it should be inadmissible hearsay. Kenney countered that it should be allowed as “an excited utterance” of a victim, and the judge agreed.

But, with Fleischaker’s argument that his client should not be bound over “for a knife fight with no knife” appearing to hold some water with Associate Judge Richard Copeland, Kenney asked for a continuance to allow the prosecutor’s office to present additional evidence at a later date. The judge granted the motion and set a resumption of the hearing for July 30.



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