The foregoing opinion by HYDE, C., is adopted as the opinion of the Court en Banc. Gantt, C.J., Atwood, Leedy and Hays, JJ., concur; Frank, J., concurs in separate opinion in which Gantt,C.J., Atwood, Leedy and Hays, JJ., concur; Ellison, J., dissents in separate opinion in which Tipton, J., concurs.