# Elam v. Soares

> Oregon Supreme Court · April 18, 1978 · 282 Or. 93

URL: https://www.frixlaw.com/law-library/cases/9572455

## Case

- **Full name:** ELAM, Appellant, v. SOARES, Respondent
- **Court:** Oregon Supreme Court
- **Decided:** April 18, 1978
- **Citations:** 282 Or. 93; 577 P.2d 1336; 1978 Ore. LEXIS 835
- **Precedential status:** Published
- **Opinion:** Concurrence by Howell
- **Judges:** Tongue, Howell, Lent, Bryson
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9572455

## Opinion text

HOWELL, J.,
specially concurring.
I acknowledge that this court on several occasions has stated that error occurring during the trial is "presumed” or "deemed” to be prejudicial upon appeal. I believe that such error should not be presumed to be either prejudicial or harmless. Our function should be to determine (1) whether error was committed and (2) if so, does the error require reversal. That decision should be made without any presumptions.
Lent, J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9572455. Public record. Not legal advice.