Ross

Petitioner, Robert Jose Ross, appeals from an order of the superior court denying his petition for either a writ of mandate or a writ of prohibition. The appeal lies. (See Code Civ. Proc., §§ 1110, 1064, 904.1; Mellinger v. Municipal Court, 265 Cal.App.2d 843, 845 [ 71 Cal.Rptr. 535 ].)

Petitioner seeks by this special proceeding to restrain further prosecution of the complaint against him in respondent court, following that court’s overruling of his demurrer to the complaint. It is alleged in the complaint, on information and belief, that petitioner on or about January 11, 1974, at and in the City of Los Angeles, committed a misdemeanor, namely, a violation of Health and Safety Code section 11550, in that he did then and there willfully and unlawfully use and be under the influence of a controlled substance as defined in chapter 2 of the California Uniform Controlled Substances Act.

Petitioner contends that since the foregoing allegations of the complaint do not specify the controlled substance of which he was accused of having used and being under its influence, and since there exist at least 108 such substances within the scope of section 11550, he was not accorded…