The opinion of Graves, P.J., in Division One of the court, is adopted by the Court en Banc. Ragland, J., concurs in a separate opinion: Walker, C.J., concurs; White, Blair andGantt, JJ., concur in the result of the opinion of Graves,P.J., and concur in the separate concurring opinion of Ragland,J.: Atwood, J., dissents.