Appellate Court of Illinois May 9, 1990, 5-88-0562 (Schuchman v. Stackable)

JUSTICE CHAPMAN,

dissenting:

The majority’s reliance upon Mielke is misplaced for two reasons: first, Mielke has been implicitly overruled by People v. Anderson (1986), 113 Ill. 2d 1, 495 N.E.2d 485, cert. denied (1986), 479 U.S. 1012, 93 L. Ed. 2d 713, 107 S. Ct. 658, and second, Mielke was wrongly decided.