Jane's testimony was presented by the Government and analyzed to determine if it resulted in a constructive amendment 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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