conviction. Count one charged Madison with the capital murder of a peace, or law enforcement, officer while the officer was on duty. Count two charged Madison with the capital murder of a law enforcement officer who was performing an official or job-related act. Both counts went to the jury. The third jury unanimously convicted Madison of the capital offense of murdering a law enforcement officer in violation of § 13A-5-40(a)(5). The trial court sentenced Madison to death. We affirm the judgment of the Court of Criminal Appeals with respect to all issues, and we specifically address one: Whether the trial court deprived Madison of his constitutional rights by not requiring the jury to reach a unanimous agreement that the murder took place (1) while Cpl. Shulte was “ 589, 593 (1991) (<HOLDING>); State v. Tillman, 750 P.2d 546, 563-65 (Utah
holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory holding that the jury need agree only that the defendant committed firstdegree murder not on the theory by which it reached the verdict holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury holding that there is no error in instructing the jury on alternative theories if there is sufficient evidence that the defendant committed firstdegree murder holding that the accused cannot impeach a verdict on the basis that the jury could not agree on the theory of firstdegree murder