Section 46-16-103 - Who decides questions of law and fact(1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.(2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110(3).En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(a), (b); amd. Sec. 17, Ch. 116, L. 1979; amd. Sec. 262, Ch. 800, L. 1991; amd. Sec. 15, Ch. 395, L. 1999.