The opinion of the court was delivered by The State appeals the district judge's finding that no crime was committed and dismissal of a complaint charging defendant Austin Garza with aggravated battery, K.S.A. 21-3414 (a)(2)(A). Jurisdiction is pursuant to K.S.A. 22-3602 (b)(1). There was ""bad blood"" between the defendant, Austin Garza, and Caesar Vaca. On April 8, 1994, around 11:30 p.m., Garza encountered Vaca outside a Town and Country store in Overland Park, Kansas. Each obtained a gun and began firing at the other. Jennifer Minton, who was standing behind the defendant, was struck by a bullet fired by Vaca. Garza was charged with the aggravated battery of Minton. Minton had informed the investigating officers that Vaca fired the first shot, but at the preliminary hearing she testified Garza fired the first shot.
