constructive amendment of indictment. The admission of evidence that modifies the indictment by modifying the elements of a charged offense or by establishing an offense different from or in addition to those in the indictment.
amendment of indictment
amendment of indictment. The alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. • The indictment usu. cannot be amended at trial in a way that would prejudice the defendant by having a trial on matters that were not contained in the indictment. To do so would violate the defendant’s Fifth Amendment right to indictment by grand jury. [Cases: Indictment and Information 159. C.J.S. Indictments and Informations § 193.]
