MERRITT, J., delivered the opinion of the court, in which MARTIN, C. J., DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined. BOGGS, J. (pp. 22-35), delivered a separate dissenting opinion, in which NORRIS, SILER, and BATCHELDER, JJ., joined. GILMAN, J. (p. 36-37), also delivered a separate dissenting opinion.
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