Principal confined for Insanity in another State-That the defendant, at the time he was required by the conditions of his bail bond to appear to an indictment, was insane, and had been taken out of the State and confined in an insane asylum of another State, to be treated for his insanity, is no defence for his sureties, in a prosecution on the bond.

Upon consideration of the question and examination of the writ's jurisprudence in Britain and the United States, the Adler court held, apparently even after execution of the sentence, that "[w] e think the circuit judge had power to issue the writ of error coram nobis, and upon the assignment of error in fact... to cause a jury to be impannelled [sic] in term to try the issue."

—are (1) cases where the defendant was insane at the time of the trial or at the time of judgment or sentence

When the question of insanity is submitted to a jury on writ of error "coram nobis," after conviction and sentence, the prisoner is entitled to a change of venue upon such issue, but the change of venue carries with it the whole case.

"If the error of fact assigned on a writ of error coram nobis be disputed, an issue must be made up to be tried by a jury; the judgment on whose finding, if for plaintiff, is that the former judgment be recalled and revoked."

—not The indorsement upon a bail bond of the approval of the officer taking it is not essential to its validity.

—case that it was within the power of the trial court to grant the writ of error coram nobis after the expiration of the term in which the judgment was rendered.

In this case the principal gave bond for his appearance on a criminal charge and afterwards became insane and was committed to a lunatic asylum, and the surety upon the bail bond was discharged. But

While available in criminal proceedings, the common-law writ may have been "more frequently employed in civil cases" in this country.

Although the surety is not expected to keep the principal in physical restraint he is expected to keep close track of his whereabouts and keep him within this state subject to the jurisdiction of the court.