Davis

On October 15, 1964, defendant John Davis was charged by criminal complaint with having committed seven violations of Penal Code, section 146c, and seven violations of Business and Professions Code, section 17500.

On November 18, 1964, defendant demurred to the complaint on the ground that none of the facts therein alleged constituted a public offense for the reason that both statutes which defendant was alleged to have violated were unconstitutional.

On March 19, 1965, the municipal court overruled the demurrer.

On May 20, 1965, defendant filed in the superior court a petition for an alternative and permanent writ of prohibition. The petition, like the demurrer, was based upon the ground that Penal Code, section 146e, and Business and Professions Code, section 17500, were both unconstitutional.

By order of July 19, 1965, said court, after hearing, denied defendant’s petition for a permanent writ.

Defendant appeals from said order.

In his opening brief, defendant states that he has abandoned his attack upon Business and Professions Code, section 17500, and has accordingly confined his arguments on appeal to the constitutionality of Penal Code, section 146e. That section…