context: The rationale of Schad has been adopted in numerous jurisdictions.
citation_a.signal: see
citation_a.parenthetical: holding that the accused cannot impeach a verdict .on the basis that the jury could not agree on the theory of first-degree murder
citation_a.sentence: See People v. Milan, 9 Cal.3d 185, 194, 507 P.2d 956, 959, 961-62 (1973) (holding that there is no error in instructing the jury on alternative theories if there is sufficient evidence that the defendant committed first-degree murder); People v. Travis, 170 Ill.App.3d 873, 891, 121 Ill.Dec. 830, 841, 525 N.E.2d 1137, 1148 (stating that the jury must be unanimous on the ultimate question of guilt or innocence, not on the theory applied), appeal denied, 122 Ill.2d 590, 125 Ill.Dec. 232, 530 N.E.2d 260 (1988), cert. denied, 489 U.S. 1024, 109 S.Ct. 1149, 103 L.Ed.2d 209 (1989); State v. Fuhrmann, 257 N.W.2d 619, 626 (Iowa 1977) (holding that first-degree murder is one crime, although the defendant can commit the crime in several ways); State v. Wilson, 220 Kan. 341, 345, 552 P.2d 931, 936 (1976) (holding that the accused cannot impeach a verdict .on the basis that the jury could not agree on the theory of first-degree murder), overruled on other grounds by State v. Quick, 226 Kan. 308, 597 P.2d 1108 (1979); Commonwealth v. Devlin, 335 Mass. 555, 565-68, 141 N.E.2d 269, 274-76 (1957) (holding that a homicide conviction is acceptable even if the jury does not specify a theory); People v. Embree, 70 Mich.App. 382, 384, 246 N.W.2d 6, 7 (1976) (holding that when the evidence shows that the defendant is guilty of premeditated and felony murder, a jury instruction on unanimity is irrelevant); State v. Buckman, 237 Neb. 936, 942, 468 N.W.2d 589, 593 (1991) (holding that the jury need agree only that the defendant committed first-degree murder, not on the theory by which it reached the verdict); State v. Tillman, 750 P.2d 546, 563-65 (Utah 1987) (holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory); but see State v. Murray, 308 Or. 496, 782 P.2d 157 (1989) (holding that the trial court erred in giving jury instructions that offered alternative theories of murder).
citation_b.signal: but see
citation_b.parenthetical: holding that the trial court erred in giving jury instructions that offered alternative theories of murder
citation_b.sentence: See People v. Milan, 9 Cal.3d 185, 194, 507 P.2d 956, 959, 961-62 (1973) (holding that there is no error in instructing the jury on alternative theories if there is sufficient evidence that the defendant committed first-degree murder); People v. Travis, 170 Ill.App.3d 873, 891, 121 Ill.Dec. 830, 841, 525 N.E.2d 1137, 1148 (stating that the jury must be unanimous on the ultimate question of guilt or innocence, not on the theory applied), appeal denied, 122 Ill.2d 590, 125 Ill.Dec. 232, 530 N.E.2d 260 (1988), cert. denied, 489 U.S. 1024, 109 S.Ct. 1149, 103 L.Ed.2d 209 (1989); State v. Fuhrmann, 257 N.W.2d 619, 626 (Iowa 1977) (holding that first-degree murder is one crime, although the defendant can commit the crime in several ways); State v. Wilson, 220 Kan. 341, 345, 552 P.2d 931, 936 (1976) (holding that the accused cannot impeach a verdict .on the basis that the jury could not agree on the theory of first-degree murder), overruled on other grounds by State v. Quick, 226 Kan. 308, 597 P.2d 1108 (1979); Commonwealth v. Devlin, 335 Mass. 555, 565-68, 141 N.E.2d 269, 274-76 (1957) (holding that a homicide conviction is acceptable even if the jury does not specify a theory); People v. Embree, 70 Mich.App. 382, 384, 246 N.W.2d 6, 7 (1976) (holding that when the evidence shows that the defendant is guilty of premeditated and felony murder, a jury instruction on unanimity is irrelevant); State v. Buckman, 237 Neb. 936, 942, 468 N.W.2d 589, 593 (1991) (holding that the jury need agree only that the defendant committed first-degree murder, not on the theory by which it reached the verdict); State v. Tillman, 750 P.2d 546, 563-65 (Utah 1987) (holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory); but see State v. Murray, 308 Or. 496, 782 P.2d 157 (1989) (holding that the trial court erred in giving jury instructions that offered alternative theories of murder).