Elam v. Soares , 282 Or. 93 ( 1978 )

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.