While it must be filed in the court which rendered the judgment of which complaint is made, it presents a new cause for the correction of errors of fact unknown at the time of the trial, and the burden of proof is upon the petitioner requesting relief from the judgment.

—the Supreme Court, without citing any authority or precedent, seemed to take a position opposite from that taken in Redman, saying: "Until a person accused of crime has been convicted upon a trial free from error which prejudices his substantial rights, it may be said that he is presumed to be innocent and continues to be merely `the accused'person referred to in section …

Coram nobis to review a criminal conviction is viewed in the nature of a civil proceeding in Indiana and petitioner was not entitled to have counsel furnished at the expense of the state.

It follows that a petition for a writ of error coram nobis cannot be utilized to have a reconsideration of matters in issue and determined in a final judgment.

" `A petition for coram nobis is not based upon a contention that the judgment attacked is void. It concedes that it is valid upon its face, and that there is no error apparent upon the face of the record. No longer is the state seeking to deprive the defendant of his life, liberty, or property. He is not now "the accused" in a "criminal prosecution.

Most other jurisdictions agree that a proceeding on a writ of error coram nobis remains a civil matter independent of the underlying case even though its resolution may affect the underlying case.

He further contends that it is his duty to conduct all prosecutions, and that this duty is not complete until the defendant has been convicted, sentenced and the judgment has become final

The appellant herein may not, as a matter of right, have a transcript and bill of exceptions furnished him at public expense for use in an appeal from a judgment denying a writ of error coram nobis.

The burden was upon appellees to overcome this presumption, by a fair preponderance of the evidence, in order to maintain their actions.

A convicted defendant in a criminal case in Indiana may have his case reviewed regardless of the chance for a reversal.