1. Tubby is a heavy drug user. One night he takes a hit of LSD (a powerful hallucinogen) and has a very bad "trip." During his "trip" he mistakes an innocent bystander, who stops to see if Tubby is okay, for a giant mutant spider. He attacks the bystander and ends up killing him. The prosecutor wants to charge Tubby with second-degree murder which requires the intentional (purposely or knowingly) killing of another (but without premeditation). What are the legal issues at stake here? Explain.