An ambiguous jury note was analyzed to see if it implied a constructive amendment. The court found it clearly referred to the second element of Count Four of the Indictment.
This page from a legal document discusses whether a constructive amendment to an indictment occurred during a trial. The court concludes that neither the Government's evidence, including Jane's testimony, nor an ambiguous jury note constituted such an amendment. The court agrees with the lower District Court, finding that its jury instructions properly captured the "core of criminality" of the charged offense.
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