Maxwell Ex Rel. Maxwell v. Santa Fe Public Schools

(specially concurring).

A. The admission into evidence of the regulation was not error.

Defendants contend that “THE TRIAL COURT ERRED WHEN IT ADMITTED PLAINTIFF’S EXHIBIT 3 INTO EVIDENCE.” The majority of the Court ‘(finds 'that it need not decide whether admission of the State Board of Education regulation was error, because even if error, it was harmless error.

Harmless error vs. prejudicial error needs refashioning.

Two rules are involved:(1) Rule 61, Harmless Error [§ 21—1—1(61), N.M.S.A.1953 (Repl.Vol. 4)]:

No error in either the admission or the exclusion of evidence ... is ground for…