Judgment affirmed. All the Justices concur, except Duckworth, C. J., and Undercofler, J., who dissent., Certiorari to the Court of Appeals of Georgia--119 Ga. App. 313 (167 SE2d 366).

R. Bruce Lowry, for appellee.Richter & Birdsong, Horace E. Richter, A. W. Birdsong, Jr., for appellant.

Upon further consideration and study of this case, in which certiorari was granted to review the decision of the Court of Appeals, we are of the opinion that the decision is correct, and we affirm the judgment entered by the Court of Appeals.

This case is before this court on grant of certiorari to the Court of Appeals. Upon further consideration and study of the case, we are of the opinion that the decision of the Court of Appeals is correct. However, since the question at issue is an open one in this State, and the authorities from the other states are about evenly divided on the question, we think the issue should be settled in this State. Thus we affirm the judgment, rather than dismissing the certiorari as being improvidently granted.

The question as stated by the Court of Appeals, is "whether an unmarried, minor plaintiff can recover damages in her tort action against a chiropractor for her injuries, resulting from an illegal abortion performed upon her by him with her assent and caused by his alleged negligence prior to, during the course of and subsequently to said operation."

The Court of Appeals in reversing the judgment of the trial court, which held adversely to the plaintiff, based their decision on two grounds: First, that the woman was not in pari delicto with the chiropractor, who committed the abortion, and was not barred from bringing the action. Second, that even if in error as to the first ruling, the chiropractor is liable in damages for abandonment of her after the abortion, and refusing to aid her in complications resulting from the operation.

In arriving at the first conclusion, the Court of Appeals applied the ruling in Gullatt v. State, 209 Ga. 808 (1) (76 SE2d 489), and citations contained therein. Regardless of whether or not the female who participated in the illegal abortion upon her person is made guilty of a crime, her action in aiding and abetting the commission of the same and then bringing an action for relief from injury resulting therefrom causes her to come into court with unclean hands, and the court should leave the parties where it finds them.

1969