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.]
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. [Blacks Law 8th]