¶1concurring in the judgment, but dissenting in part. I concur in the judgment of reversal, and generally in what is said in Divisions 1, 3, 4, 5 and 6, but in view of the ruling in Gornto v. State, 227 Ga. 46 (5) (178 SE2d 894) that "the standard to be applied is not what may or may not have been held to be obscene in other jurisdictions, but what is acceptable in the local community,” and in the light of the provision of our Constitution that the rulings made by the Supreme Court are binding on all other courts-of this state and of our obligation to observe and follow the decisions of the Supreme Court, I must dissent to Division 2.
¶2I know of no ruling of the Supreme Court of the United States which has specifically ruled to the contrary. I am informed that one or more appeals are now pending in that court wherein this very issue is made and thus we may soon have a definitive ruling on it. Rulings of that court are, of course, binding upon our Supreme Court, as well as upon us. I do not find the rulings in Roth v. United States, 354 U. S. 476 (77 SC 1304, 1 LE2d 1498) or Jacobellis v. Ohio, 378 U. S. 184 (3) (84 SC 1676, 12 LE2d 793) to be sufficiently definite or clear on this point to require a different holding than that made by our Supreme Court.