If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.
[ 1891 c 28 s 56; Code 1881 s 1052; RRS s 2106. FORMER PART OF SECTION: 1891 c 28 s 61; Code 1881 s 1060; RRS s 2114, now codified as RCW 10.40.125.]